Rudderless institution: SC refuses more time to govt on NAB chief appointment
A division bench comprising Justice Nasirul Mulk and Justice Anwar Zaheer Jamali directed the government on Tuesday to first implement the judgment announced in June on a petition filed by Habibul Wahab Alkhairi against the appointment of acting chairman NAB.
Additional Attorney General KK Agha on Tuesday contended that a review appeal for the former chairman’s reinstatement was pending before the court and a stay should be granted on the judgment’s implementation till it is decided. The division bench observed that a review appeal cannot be used as an excuse to delay the verdict’s implementation.
The federation’s counsel, Abdul Hafeez Pirzada had filed a review appeal against the decision barring former NAB chief Justice (retd) Deedar Hussain Shah. The apex court had invalidated Shah’s appointment after opposition leader Chaudhry Nisar Ali Khan established that he was not consulted over his selection in violation of the constitution.
The court dismissed the request, stating that the deputy chairman can only officiate as the chairman if he is on leave. Agha argued that the opposition leader’s consent is mandatory for chairman NAB’s appointment under the 18th constitutional amendment and sought time for consultation.
He pleaded the government was preoccupied with national security issues and required more time to initiate the process. Justice Nasirul Mulk remarked that the government cannot be given more time. NAB has practically become dysfunctional since the previous chairman was barred from office. Due to his absence, prosecutors are unable to pursue corruption cases pending in courts. After Shah’s ouster from NAB, the government had handed over charge to deputy chairman Javed Zia Qazi. Alkhairi had challenged Qazi’s appointment as acting chairman NAB.
A day ahead of the July 21 ultimatum given by the Supreme Court for the appointment of chairman and prosecutor general NAB, the government had requested for a one-month extension to preclude the possibility of the bureau’s dissolution. Later, the court adjourned the case.
Published in The Express Tribune, October 5th, 2011.
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The corrupt rulers of Pakistan can never afford to have any effective accountability system in the country. They have already completed almost four years in the Govt. without it and will find out ways and means to go through the remaining period without it.