SC grants time to NAB for rule amendment

The apex court has granted six-week time to the National Accountability Bureau (NAB) to amend its rules governing the power of its chairman to appoint directors-general (DGs) at the country’s prime anti-corruption body.

 A division bench of the Supreme Court presided by Chief Justice of Pakistan Gulzar Ahmed on Tuesday took up for hearing a suo motu case with regard to illegal appointments in NAB.

 Appearing before the bench, NAB prosecutor general said the accountability watchdog amended the NAB rules and sent their draft to the president of Pakistan for approval. However, the president returned the draft by raising objections.

 He said the president asked NAB to forward the draft rules through the Federal Ministry of Law, so that the opinion of the ministry about the amendment could also be reviewed.

 The prosecutor general told the court that the accountability watchdog had now forwarded the draft via the ministry, requesting it to grant it six-week time. “NAB will notify the rules, once the President approves them,” he said. The bench accepted the request.

 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.