NAB chairman: Chaudhry Nisar’s petition sparks new standoff

Petition urges court to declare Bokhari’s appointment void as it was made without completing consultation process.


Qaiser Zulfiqar October 23, 2011
NAB chairman: Chaudhry Nisar’s petition sparks new standoff

ISLAMABAD: Opposition leader in the National Assembly Chaudhry Nisar Ali Khan officially challenged the appointment of Admiral (retd) Fasih Bokhari as chairman of the National Accountability Bureau (NAB) in the Supreme Court on Saturday.

This is the second time the leader of opposition has challenged the appointment of a NAB chairman in the apex court. Earlier this year, he had challenged the appointment of Justice (retd) Deedar Hussain Shah and received a verdict in his favour.

Nisar, in his petition, stated that legal procedure was not followed in the appointment and urged the court to bar the NAB chairman from taking office till the decision of the case.

The federal government, the cabinet division and Bokhari have been named respondents of the case.

The 17-point petition stated that constitutional requirements were not completed prior to the appointment of the NAB chairman. The petitioner said that President Asif Ali Zardari had appointed Bokhari without completing the consultation process.

According to the constitution, consultation with the chief justice of the Supreme Court for the appointment of NAB chairman is required; yet, this was ignored, stated the petition.

He further said that many cases against President Zardari were pending before NAB and, therefore, he took the ‘wrong step’ by making the appointment according to his will.

The petitioner asked the court to declare Bokhari’s appointment null and void. The petition also went on to question the ‘ability’ of President Zardari in making the appointment.

Earlier, in a press conference, Nisar had said that Bokhari’s appointment was a negation of four Supreme Court verdicts and alleged that Zardari did not want to see an independent and autonomous accountability institution in the country.

In response, the president rejected Chaudhry Nisar’s allegations and said that Bokhari’s appointment was in accordance with the law.

In the petition, Nisar stated that the appointing authority did not give any reasons for rejecting the objection raised by the opposition leader.

Moreover, Nisar’s party, the Pakistan Muslim League-Nawaz (PML-N), had also rejected Bokhari’s appointment on technical grounds and asked the government to propose a panel of possible candidates for the office and hold a ‘meaningful consultation’ with it.

According to the 18th Amendment, the chairman of NAB cannot be appointed without the consent of the opposition leader in the National Assembly.

President Zardari wrote a letter to Nisar on October 9, seeking his consent on the appointment. However, the PML-N is of the view that the letter was ‘inadequate consultation’.

Published in The Express Tribune, October 23rd, 2011.

COMMENTS (23)

Ammad | 12 years ago | Reply

To the writer:

There is a difference between consent and consultation - please refer to the constitution instead of misguiding an already confused public.

Aftab Kenneth Wilson | 12 years ago | Reply I think the new NAB chief (if not bulldozed by our CJ) must open all cases against the PML-N. LHC has already refused to
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