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)
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To the writer:
There is a difference between consent and consultation - please refer to the constitution instead of misguiding an already confused public.
Someone go and tell Chaudhary ( "NO" ) Nisar the appointment of Aftab Sultan as chief of IB. Very good opportunity to file yet another petition in Apex?
There is an obvious mistake in your story. The Constitution cannot say that the NAB Chairman has to be appointed with the consent of the Leader of the opposition. That would be almost impossible in every scenario. What is said is that the Leader of the Opposition will be consulted - that is all. Chaudhry Nisar must be told that he cannot have the power to appoint as he is NOT the President. The PML-N is acting like an opposition for the sake of opposition. Is our country in a position to waste time on such matters and that too on a technicality. Assuming that he was not consulted 'as per procedure' he should allow NAB to at least carry on its job in the larger national interest. "In order to do a great right, do a little wrong."
@Natasha: Is that the reason Nawaz Sharif did not contest the last elections? Regards, Mirza
Ch. Nisar has made is political career really based on the word NO, If a dollar was to be paid for each NO, he would put Bill Gates to shame. One would expect him to have made some creditable achivement for the nation by now but then it is to much to ask !!!!
Its on the record, Nawz Shareef appointed him as Navy cheif & awarded him " Sitara Jurat " in 1998, when Nawaz shareef was PM of pakistan. Bukhari gave statements in favour of Nawaz shareef & against Musharaf during 1998 Kargil war with india. Now Chaudry Nisar is opposing him, because he is going to reopen the long pending 3 corruption cases against nawaz shareef including Hudaiba paper mill & 5 billion loan from bank of punjab.
This person should be named or given an award of " Mr. Petition filer"
These politicians are not at all sincere to this country. Their only loyalty is to their parties and personal interests. May be the appointment of Fasih Bokhari threatens uncovering their black deeds and thats why NO to every appointment of NAB
Realist,
The 'constitution' says that a person should not be elected to the parliament unless he's known to have a 'good character'.
And we all know how strictly N league follows the constitution itself.
Performance matter for Pakistan doesn’t matter for political leaders; I think, every political party has its primary responsibility to criticize every decision of ruling party, but where criticism should be, these parties adopt silent and even support government as the current opposition did in the past.
Why do you guys overlook that the president has bypassed Constitutional Requirements in Appointment of NAB chief ? Due process of law HAS to be followed!!
Ch sahab, please let things proceed, u r with them to put delay otherwise your boss cases will also get open.
Chairman NAB must such a person who will be acceptable to whole nation. Personility of Chairman NAB should be clean in all sides. I support view point of ch Nasar Ali.
There must be some limit to insanity. Appoint a serving judge as the chairman NAB? Where in the world prosecutor and the judge can be the same? Next time PML-N will come up with the theory of appointing serving judges as the director FIA, or the IG police.
And has the SC considered his petition as maintainable?
please stop this musical chair of chairman nab just watch the performance of chairman nab if its not according to the standard then go to court. Further more did u go any court for getrid off this government on the plea that government is not perform according to manifesto of pakistan??
Constitution Above All!!
Mr, NO
say no to everything .. . . !!!!