SCBA backs Baqar as NAB chief

Govt’s legal minds divided over his eligibility


Hasnaat Malik June 05, 2022
PHOTO: EXPRESS/FILE

ISLAMABAD:

The Supreme Court Bar Association (SCBA) has announced its full support for the nomination of Justice (retd) Maqbool Baqar as the chairman of the National Accountability Bureau (NAB),

SCBA President Ahsan Bhoon told The Express Tribune that among all nominees, Justice Baqar was the best choice for the slot of the anti-graft body chief.

“Justice Baqar was an asset for the judiciary. His integrity is beyond doubt”, said the SCBA president, who is urging the PM and leader of opposition to finalise his name forthwith.

Both groups of lawyers are backing the nomination of Baqar as chief of the NAB.

Even a senior PTI lawyer also believes that in his personal opinion, Justice Baqar is the best choice for the post.

It has been learnt that the government’s legal minds are divided over his eligibility.

One government functionary fears that if there is a two-year bar on a retiring SC judge to be appointed to a public office, then the judiciary might strike down his hiring on this point.

Read more: Javed Iqbal’s tenure as NAB chairman comes to an end

On the other hand, a senior lawyer has advised the government that there is no bar on the appointment of a retiring judge as the NAB chairman as it was a quasi-judicial office.

Several lawyers, who are great supporters of Justice Baqar, doubt that his appointment would be challenged in the apex court.

They also fear that one section within the top judiciary might give him a tough time. However, the composition of the bench will be significant in case his appointment is challenged.

Lawyers also believe that there are several superior courts judges who greatly admire Justice Baqar. Likewise, he is very popular in the bar.

Previously, Justice Baqar was among those judges who gave a verdict in favour of Justice Qazi Faez Isa in the latter’s case on undeclared assets of his family members.

Justice Baqar in his farewell speech had raised questions on the exclusion of some judges in important and sensitive cases.

It has been learnt that one section within the government is supporting the nomination of Justice (retd) Dost Muhammad Khan for the slot of the NAB chairman.

However, the nomination of both retired judges might be objected by the security establishment as well.

A day earlier, Chief Justice of Pakistan Umar Ata Bandial cautioned the government to ensure that no “extraneous” parties should influence the upcoming appointment.

He asked Attorney General for Pakistan Ashtar Ausaf Ali to appoint a man of integrity and competence to the post instead of giving favours in exchange.

The CJP’s remarks are significant in context of the NAB chairman’s appointment. Lawyers, who witnessed the Friday's proceeding, believe that the CJP was referring to “interference” by a business tycoon in the appointment process. However, a government official believes that the chief justice was referring to the involvement of the establishment.

It is a fact that both the judiciary and establishment have influence on NAB and neither of them wants to minimise its role.

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