De-notifying ex-servicemen: Ministry files review petition against SC’s March 31 verdict
Says army has a vested right that its former employees stay in the accountability watchdog
Supreme Court of Pakistan. PHOTO: AP
ISLAMABAD:
The security establishment has called for the reinstatement of three former servicemen to the National Accountability Bureau (NAB), claiming that it has a vested right that its former employees stay in the accountability watchdog.
In view of this desire, the defence ministry has filed a review petition in the Supreme Court against its March 31 judgment to de-notify the retired military officials who were inducted in NAB in 2003 ‘without following the due process’.
The review petition has been filed by Additional Attorney General Muhammad Waqar Rana.
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The three former military officers – Major (retd) Syed Burhan Ali, Major (retd) Tariq Mahmood and Major (retd) Shabbir Ahmed – were serving as NAB directors general respectively in Lahore, Balochistan and Karachi.
The defence ministry has submitted that these officials were serving officers of the army when NAB – then newly formed – requisitioned their services due to their ‘integrity, competence and experience’.
According to the petition, services of the three officers were spared in the national interest and the officers, by sheer hard work, brought into being an institution which was only at an embryonic stage at that time.
“These officers, over the years, gained experience. Nobody called into question the performance of the aforesaid officers. Rather, after so many years, the initial qualification of these officers was called in question by some unknown busybody. Removal of these officers in such an unceremonious manner was a stigma and against their civil and constitutional rights,” says the petition.
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The defence ministry says the parent departments of the inducted employees have a vested right that their former employees remain in NAB, as any action to the contrary would jeopardise the careers of the employees themselves.
“It would also be against the express representation made by NAB to their parent departments, including the Armed Forces represented by the instant petitioner [defence ministry], which after a lapse of considerable time, would not be in a position to take these employees back,” it adds.
The review petition states that the appointment, induction and promotions in NAB of the employees of Armed Forces of under NAO, 1999, NAB Employees TCS, 2002 have been validated through 17th Amendment (Act-III of 2003) vide Article 270 AA(2) & (4).
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Criticising a report from the secretary Establishment Division regarding the appointment of NAB employees, the defence ministry says the report is based on misinterpretation of the National Accountability Ordinance (NAO), 1999, TCS and the related judgments of the superior courts of Pakistan.
“In fact the Honourable Court appears to have relied upon the subsequent report submitted by the secretary Establishment Division. It is a settled principle and also the practice of this Honourable Court that objections were invited on such reports.
“In the instant case no such objections were invited. Employees were thus denied due process of law. It is also well settled that justice should not only be done but seen to have been done [also],” it says.
The defence ministry has requested the apex court to admit their review petition and dismiss the anonymous application.
According to sources, NAB has also filed a review petition against the SC’s March 31 verdict against the induction of employees by the bureau.
The security establishment has called for the reinstatement of three former servicemen to the National Accountability Bureau (NAB), claiming that it has a vested right that its former employees stay in the accountability watchdog.
In view of this desire, the defence ministry has filed a review petition in the Supreme Court against its March 31 judgment to de-notify the retired military officials who were inducted in NAB in 2003 ‘without following the due process’.
The review petition has been filed by Additional Attorney General Muhammad Waqar Rana.
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The three former military officers – Major (retd) Syed Burhan Ali, Major (retd) Tariq Mahmood and Major (retd) Shabbir Ahmed – were serving as NAB directors general respectively in Lahore, Balochistan and Karachi.
The defence ministry has submitted that these officials were serving officers of the army when NAB – then newly formed – requisitioned their services due to their ‘integrity, competence and experience’.
According to the petition, services of the three officers were spared in the national interest and the officers, by sheer hard work, brought into being an institution which was only at an embryonic stage at that time.
“These officers, over the years, gained experience. Nobody called into question the performance of the aforesaid officers. Rather, after so many years, the initial qualification of these officers was called in question by some unknown busybody. Removal of these officers in such an unceremonious manner was a stigma and against their civil and constitutional rights,” says the petition.
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The defence ministry says the parent departments of the inducted employees have a vested right that their former employees remain in NAB, as any action to the contrary would jeopardise the careers of the employees themselves.
“It would also be against the express representation made by NAB to their parent departments, including the Armed Forces represented by the instant petitioner [defence ministry], which after a lapse of considerable time, would not be in a position to take these employees back,” it adds.
The review petition states that the appointment, induction and promotions in NAB of the employees of Armed Forces of under NAO, 1999, NAB Employees TCS, 2002 have been validated through 17th Amendment (Act-III of 2003) vide Article 270 AA(2) & (4).
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Criticising a report from the secretary Establishment Division regarding the appointment of NAB employees, the defence ministry says the report is based on misinterpretation of the National Accountability Ordinance (NAO), 1999, TCS and the related judgments of the superior courts of Pakistan.
“In fact the Honourable Court appears to have relied upon the subsequent report submitted by the secretary Establishment Division. It is a settled principle and also the practice of this Honourable Court that objections were invited on such reports.
“In the instant case no such objections were invited. Employees were thus denied due process of law. It is also well settled that justice should not only be done but seen to have been done [also],” it says.
The defence ministry has requested the apex court to admit their review petition and dismiss the anonymous application.
According to sources, NAB has also filed a review petition against the SC’s March 31 verdict against the induction of employees by the bureau.