Senate Committee on Law and Justice Chairman Barrister Ali Zafar on Tuesday strongly objected to the Supreme Court's suggestion that the appointment of the National Accountability Bureau (NAB) chairman should be made with the consultation of the chief justice.
Talking to The Express Tribune, Zafar, who is a PTI senator, said there was a major conflict of interest in this situation.
The NAB chairman heads the investigating and prosecuting agency while the courts judge the merits of the anti-graft body’s case after trial in accordance with the principle that not only justice be done but seen to be done as well.
"In our Constitution, the investigator and prosecutor must be separate from the court to maintain impartiality and ensure a fair trial,” he added.
“However, if the NAB chairman is appointed in consultation with the CJP, it will mean that the investigation, prosecution and judges are all part of the same team,” he pointed out.
Read: Judiciary wants say in NAB chief’s appointment
“This would be contrary to Article 4 (due process) and Article 10 A (fair trial) of the Constitution. The SC should not enter into such a controversy.”
Zafar believes that in the law made by parliament, there was and should be “no role” for the judiciary to play in the appointment of the NAB chairman.
The Supreme Judicial Council (SJC) in its recent order noted that the top court had never “receded” from its suggestion of consultation with the chief justice in the process of the appointment of the National Accountability Bureau (NAB) chairman.
"It is apparent that for the appointment of the NAB chairman, consultation with the chief justice of Pakistan [CJP] is not necessary but the suggestion of the Supreme Court in paragraph 288 in the case of Khan Asfand Yar Wali (2001 judgment) seem to be holding ground as in the case of Chaudhry Nisar Ali Khan (PLD 2013), the Supreme Court has not receded from the suggestion,” read a four-page order issued by the SJC.
After the SJC order, the federal government’s legal team deliberated about changing the process for the appointment of the NAB chief in view of 20-year-old top court’s ruling.
It is learnt that legal minds are divided on the matter. One section led by Ali Zafar is strongly opposing any legislation for the purpose of the CJP’s consultation.
Read more: SJC deliberates over its jurisdiction to proceed against NAB chairman
The other section is interested in giving further extension to incumbent chairman Justice (retd) Javed Iqbal.
Likewise, a few government legal minds believe that the CJP should be consulted in case of a deadlock between the prime minister and the leader of opposition in the National Assembly on the nomination of the NAB chairman.
Sindh High Court Bar Association (SHCBA) President Salahuddin Ahmed wondered as to why judges should choose the NAB chairman.
“Why not the FIA DG or the IGs of all provinces as well?” he added.
"When we are aggrieved with the actions of these people i.e. NAB, we go to judges for relief. There is a potential for conflict of interest if their appointment is also made by those same judges.”
The tenure of the incumbent NAB chairman is ending in October this year.
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