The petition was filed by the Pakistan Medical and Dental Council (PMDC) secretary, Dr Sohail Karim Hashmi.
The bench comprised Chief Justice Khawaja Muhammad Sharif and Justice Nasir Saeed Sheikh.
Through his counsel Kamran Sheikh, Dr Hashmi assailed the notices issued to him by the deputy chairman of the Bureau, Javed Zia Qazi, asking him to appear in an inquiry about alleged administrative and financial fraud at the Pakistan Medical and Dental Council .
The counsel submitted that the deputy chairman had no authority to initiate inquiry proceedings as it was the jurisdiction of the chairman alone.
He also said that Javed Zia Qazi’s functioning as acting chairman was illegal as the deputy chairman could only act as a chairman during a temporary absence of the chairman, not if the position was vacant, as in this case.
The counsel also pointed out that the appointment of the NAB chairman must be preceded by consultation among the prime minister, leader of the opposition and the chief justice of Pakistan.
Dr Hashmi prayed that the appointment of Qazi as the acting chairman be declared void and the NAB should be restrained from taking any action against him.
The bench admitted the petition for regular hearing and sought replies from the federation and the National Accountability Bureau by August 30.
It barred the Bureau from carrying out any action against the petitioner.
Published in The Express Tribune, August 24th, 2010.
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