Supreme Court to take up NAB appointments case on 15th

A division bench other than the one that took suo motu notice to hear the case

ISLAMABAD:

The apex court is going to review on September 15 the power of the National Accountability Bureau (NAB) chairman to appoint directors-general (DGs) at the top graft-buster in absence of relevant rules and regulation.

According to the cause-list issued by the Supreme Court registrar office on Friday, a division bench, presided by Chief Justice of Pakistan Gulzar Ahmed, will hear the case.

Interestingly, another SC bench – comprising Justice Mushir Alam and Justice Qazi Faez Isa – had taken suo motu notice of allegedly illegal hiring at NAB while hearing the bail application of a man accused of impersonating NAB Lahore DG Irfan Naeem Mangi.

During the hearing, the bench had raised questions about the authority of NAB chairman to appoint DGs, noting that NAB chief has been appointing the senior officials in violation of the Constitution.

Issuing a written order on August 7, the bench had noted that NAB claimed its chairman appoints DGs in exercise of power under Section 25 (g) of the National Accountability Bureau Ordinance 1999.

Section 25 (g) says: “For time being, chairman NAB shall not be required to consult the Federal Public Service Commission for making appointments and matters relating to the qualifications of persons for such appointments and method of their recruitment shall be in accordance with rules.”

The order had noted under the law, NAB chairman is bound to exercise his power under rules. However, no such rules have been framed to date.

The court had asked NAB's prosecutor general to satisfy the court as to whether the subordinate legislation, the mandate of the Constitution under Articles 242 read with Article 240 can be bypassed in making such appointments.

The court had directed its office to prepare a separate file as suo motu and “fix” the matter for consideration of that point. The bench had also issued a notice to the Attorney General for Pakistan (AGP) to assist the court. NAB has already submitted a draft of NAB rules in the apex court.