Asks whether President Zardari consulted leader of the opposition. PHOTO: ONLINE
The Supreme Court on Monday resumed hearing the petition challenging the appointment of Admiral (retd) Fasih Bukhari as chairman of the country’s top corruption watchdog, National Accountability Bureau (NAB).
The five judge bench – headed by Justice Tassaduq Hussain Jilani – questioned whether the Prime Minister sent a proposal to President Asif Ali Zardari when appointing the head of the bureau.
“Did the president write a letter to the leader of the opposition, consulting him over the appointment of NAB chairman, after the premier wrote a letter to the president, appointing a new head of the bureau?” asked Justice Jilani, while hearing former leader of the opposition, Chaudhry Nisar Ali Khan’s 2011 petition.
“There was no letter written by the prime minister to the president, giving names for the appointment of NAB chairman,” Nisar’s legal counsel, Akram Sheikh replied.
Bringing up the 18th amendment, Justice Asif Saeed Khan Khosa inquired whether the president has the authority to make such appointments prior to the amendment.
I feel sorry for president, said Sheikh. He said the president has been left with no option other than approving appointments recommended by the prime minister, once he has consulted the opposition leader.
Do not feel sorry for the president for the sake of the sanctity of the high office, Justice Khosa retorted.
Concluding his arguments, Sheikh maintained that Bukhari was appointed as chairman NAB without purposeful, meaningful and consensus-oriented consultations with the opposition leader.
Bukhari’s lawyer, Advocate Sardar Abdul Latif Khosa said the petition was filed only to malign President Asif Ali Zardari.
Being politically motivated, Nisar wanted to appoint a NAB chairman of his own choice, Advocate Latif Khosa said.
In the past, when a sitting senator of PML-N was appointed as the head of the bureau, he coerced convictions in trials nullified by the apex court, resulting in the removal of then chief justice of Lahore High Court, he added.
Advocate Latif Khosa said after the constitutional amendment, there had been no role of the chief justice in the appointment of chairman NAB. Responding to a question, he said if there was any conflict of interest in the appointment, the matter could be referred to a senate committee for a final decision.
Published in The Express Tribune, May 28th, 2013.
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