Text of Zardari's letter to Chaudhry Nisar Ali Khan

With reference to your letter dated the 13th October, 2011 containing some points regarding the appointment of Chairman, National Accountability Bureau, I wish to draw your attention to a
self-explanatory section 6(b) of National Accountability Ordinance, 1999, reproduced hereinafter for ready reference:-
“6. There shall be constituted a National Accountability Bureau for the whole of Pakistan.
b) Chairman, National Accountability Bureau;
(i)    There shall be a Chairman NAB to be appointed by the President in consultation with the Leader of the House and Leader of the Opposition in the National Assembly for a non extendable period of four years on such terms and conditions as may be determined by the President and shall not be removed except on the grounds of removal of  Judge of the Supreme Court of  Pakistan:
Provided that the present incumbent of the office of Chairman, NAB shall complete the period of four years from the date of his initial appointment.
(ii) The Chairman NAB may, in writing under his hand, address to the President, resign his office.
(ba) A person shall not be appointed as Chairman NAB unless he:-
(i) is a retired Chief Justice or Judge or the Supreme Court, or a Chief Justice of a High Court; or
(ii) is a retired officer of the Armed Forces of Pakistan equivalent to the rank of a Lieutenant General; or
(iii) is a retired Federal Government Officer in BPS-22 or equivalent”.

2. The existing provisions of law have been strictly followed and adhered to and the proposed nominee falls under sub-clause (ii) of clause (ba) of section 6 of the aforesaid Ordinance. There is no deviation from the existing legislation, in any manner.
3. The sense of various judgments of the superior courts is that the consultation shall be meaningful and for this purpose there is no necessity of sending a panel of nominees. Therefore meaningful consultation can be done even on a single person and for that purpose you are taken on board quite candidly.
Sending of a panel for consultation does not have any legal cover as well, there being no legal requirement as such. I have consulted the Leader of the House in the National Assembly on the subject who has concurred to the proposal.
4. In order to implement the judgments of the superior courts referred to in your letter a bill is proposed by the Federal Government and is pending in the Parliament wherein process of consideration of the bill by Members of the Parliament is taking place. Therefore in the existing legal parlance the name of proposed nominee is proposed in line with the provisions of the National Accountability Ordinance, 1999 which is existing law at the point of time.
5. It is pertinent to mention here that no comments have been given on the profile and integrity of the nominee, which in fact is the material aspect of the consultation.
6. In the light of the afore-going lego-factual position, it is expected that the nominee would serve the institution in the best manner. I take this opportunity to thank you for taking part in the consultative process, as mandated by law.

With regards,

Yours sincerely,

(Asif Ali Zardari)

Ch. Nisar Ali Khan,
Leader of the Opposition in National Assembly, Islamabad.”