AGP objects to omission of SJC as forum to oust NAB chief

Attorney General for Pakistan (AGP) Khalid Jawed Khan has taken strong exception over the government's recent move to omit the forum provided under Article 209 of the Constitution for the removal of the National Accountability Bureau (NAB) chairman.

A senior official in the AGP office revealed to The Express Tribune that Khan had conveyed to Prime Minister Imran Khan that serious legal issues could arise on the fresh amendment wherein the President of Pakistan had been given the authority to remove the NAB chairman.

However, no procedure has been described as to how the president would terminate his services. It is learned that the law ministry wants to provide mechanisms in the rules.

The AGP raised objection over the law ministry's proposal to provide a mechanism in the rules which will be framed by the NAB chairman himself.

Khan also noted that if the chairman himself framed the rules then serious questions would arise on the fairness of the office of the NAB chairman. Likewise, he believed that the office of president would also be made controversial.

The AGP suggested that Supreme Judicial Council would be the appropriate forum for the removal of the NAB chairman.

The official said that the premier had agreed with the AGP’s concerns and that the government agreed to reconsider the matter in parliament wherein the bill on amendments in National Accountability Ordinance (NAO) 1999 would be tabled.

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Later, the AGP in an interview on a private TV channel confirmed these facts. He also urged the opposition parties to forward proposals regarding a proper procedure for the removal of the NAB chairman.

It was learned that PTI Senator Ali Zafar was also not taken into confidence on the omission of SJC for initiating misconduct proceedings against the NAB chairman.

It was further learned that “powerful circles” opposed the procedure whereby the SJC was conferred with the powers to remove the chairman. The commission is made up of three senior Supreme Court judges and two senior chief justices of the high courts.

Earlier, Law Minister Dr Farogh Naseem had opposed the same amendment. However, the AGP had convinced PM Imran to mention SJC as the forum to initiate misconduct proceedings against the NAB chairman.

As the AGP was busy in Karachi, the government took a “U-turn” by omitting the forum provided under Article 209 of the Constitution for the removal of the NAB chairman.

Senior lawyers maintained that the purpose of omission was to secure incumbent NAB Chairman Javed Iqbal, who is reportedly “scared” of the current composition of SJC.