Bokhari is the third chairman of NAB sent packing through a judicial verdict. PHOTO: FILE
The Supreme Court’s decision was nearly three years in the waiting, but its order was short and decisive.
A five-judge bench on Tuesday declared National Accountability Bureau Chairman Admiral (retd) Fasih Bokhari’s appointment null and void and directed the government to swiftly appoint a new chief for the anti-corruption watchdog.
The bench – headed by Justice Tassaduq Hussain Jilani and comprising Justice Anwar Zaheer Jamali, Justice Asif Saeed Khan Khosa, Justice Amir Hani Muslim and Justice Muhammad Ather Saeed – announced its decision in a short order.
The order stated that the criterion for appointing the NAB chief was not followed in accordance with Rule 6 (i) of the National Accountability Ordinance 1999.
“For the reasons to be recorded later in the detailed judgment, we hold and declare that consultation in the appointment of chairman NAB was not made in accordance with Section 6 of the National Accountability Ordinance 1999 and the law declared by this court. Consequently, this constitutional petition is allowed, the impugned appointment of Bokhari is declared to be without lawful authority and is set aside with immediate effect. The federal government is directed to make fresh appointment without further loss of time,” the apex court bench ruled in its short order.
Bokhari is the third chairman of NAB sent packing through a judicial verdict. Earlier Nawid Ahsan was removed as NAB chief in December 2009 and Justice (retd) Deedar Hussain Shah was disqualified in March 2011.
Former leader of the opposition in the National Assembly Chaudhry Nisar Ali Khan had petitioned the apex court on October 22, 2011 seeking a declaration against the appointment of Bokhari as void ab initio (illegal from the beginning), saying it was not made by President Asif Ali Zardari in consultation with the leader of the house (prime minister), leader of the opposition or the chief justice.
Represented by advocate Akram Sheikh, Chaudhry Nisar had argued that President Zardari only forwarded one name as a potential NAB chief for consultation and expressed his dissatisfaction that more nominations were not made.
The bench seemingly did not take into consideration Attorney General of Pakistan Irfan Qadir’s advice to show restraint in the matter and take a middle course while deciding the petition.
“The post-November 3, 2007 jurisprudence being practiced by the higher judiciary should be avoided and the important and major appointments should not be struck down through judicial verdicts,” Qadir argued.
The attorney general added that President Zardari was the appointing authority of the NAB chairman and could proceed even if the opposition leader did not agree.
The decision also shows the bench remained unmoved by the arguments of Bokhari’s counsel, advocate Sardar Latif Khosa, that all rules were followed prior to his client’s appointment.
“I do not agree with the attitude of Chaudhry Nisar Ali Khan. He tried to create problems in the appointment of the NAB head as references were pending against his party leaders,” said Khosa.
In his petition, Chaudhry Nisar had not raised any objection to the eligibility of Bokhari as NAB chairman and only disagreed with the proposed nomination of President Zardari.
Regarding this particular issue, Khosa said it was not binding on the president to put forward more than one name and he could only consult the opposition leader who in response could not advise the president.
Following the verdict, a NAB official, requesting anonymity, said, “The chairman is not happy with the Supreme Court’s decision, but he has accepted it and is going home.”
“As per the law, NAB cannot take decisions on any pending cases unless the chairman signs off on them,” said Ahmed Safdar, a bureau spokesperson.
“For all practical purposes then, we can’t move forward on any cases until we have a new head, which will take some time.”
Published in The Express Tribune, May 29th, 2013.
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It took years to render a decision? The court should have passed this decision weather others accept or not is another matter. I am smelling something rotten here.
SC paving the way for N League easy go through.
A decision 2 years too late. The damage is already done. This political appointee did the job for his masters in saving their skins - rental power is one case in point. Coming a few weeks before NS appoints his nominee to NAB, it is almost comical, and reeks of the role the SC played in keeping these political appointees in place.
Admiral Fasih did a great job while in office. He was appointed by people who did not follow the law, so he has committed no wrong. That is what the SC has decided and that is what we all must accept. His name should be included in the new list of nominees and if he is now selected rightly, so much the better for Pakistan.