NAB controversy
The removal of a NAB chairman is no small matter; raises for the future the possibility of many complications.
The Court held that Fasih Bokhari’s appointment was illegal, in violation of Section 6 of the NAB Ordinance, and, therefore, null and void. PHOTO: FILE
A five-member bench of the Supreme Court (SC), on May 28, ordered the removal of Admiral (retd) Fasih Bokhari from his post as chairman of the National Accountability Bureau (NAB), and directed the federal government to appoint someone else in his place.
The Court held that Fasih Bokhari’s appointment was illegal, in violation of Section 6 of the NAB Ordinance, and, therefore, null and void. Admiral (retd) Bokhari had been appointed to head NAB at the end of 2011, and since then, has been accused by the SC of violating its orders on several occasions. The ruling delivered by the Court is based on its interpretation of the said clause, which seeks “meaningful consultation” in the appointment. The bench hearing the matter has said the leader of the opposition at that time did not agree on the choice made. This version of events is disputed by Admiral (retd) Bokhari’s counsel, who says no objection was made by Chaudhry Nisar Ali Khan. He has also pointed out that Syed Deedar Shah’s name was previously rejected by the opposition and asked what would happen if no name could be agreed on.
This, of course, is a very pertinent point. The removal of a NAB chairman is no small matter and raises for the future the possibility of all kinds of complications. To avoid these, it is important the apex Court clarify precisely what it sees as being meant by the term “meaningful consultation”. It should also tell us what is to happen if no agreement can be reached between the government and the opposition, and name after name is rejected. This, of course, is a very real possibility given the nature of politics in our country.
The NAB chairmanship is, of course, a key post. There should be no confusion or controversy over the appointment of a person to this position. It is unfortunate this has not been the case and the latest verdict only adds to the general sense of confusion. It is important this be cleared away so we can say with certainty how the appointment is to be made and what is involved in this at every stage.
Published in The Express Tribune, May 30th, 2013.
The Court held that Fasih Bokhari’s appointment was illegal, in violation of Section 6 of the NAB Ordinance, and, therefore, null and void. Admiral (retd) Bokhari had been appointed to head NAB at the end of 2011, and since then, has been accused by the SC of violating its orders on several occasions. The ruling delivered by the Court is based on its interpretation of the said clause, which seeks “meaningful consultation” in the appointment. The bench hearing the matter has said the leader of the opposition at that time did not agree on the choice made. This version of events is disputed by Admiral (retd) Bokhari’s counsel, who says no objection was made by Chaudhry Nisar Ali Khan. He has also pointed out that Syed Deedar Shah’s name was previously rejected by the opposition and asked what would happen if no name could be agreed on.
This, of course, is a very pertinent point. The removal of a NAB chairman is no small matter and raises for the future the possibility of all kinds of complications. To avoid these, it is important the apex Court clarify precisely what it sees as being meant by the term “meaningful consultation”. It should also tell us what is to happen if no agreement can be reached between the government and the opposition, and name after name is rejected. This, of course, is a very real possibility given the nature of politics in our country.
The NAB chairmanship is, of course, a key post. There should be no confusion or controversy over the appointment of a person to this position. It is unfortunate this has not been the case and the latest verdict only adds to the general sense of confusion. It is important this be cleared away so we can say with certainty how the appointment is to be made and what is involved in this at every stage.
Published in The Express Tribune, May 30th, 2013.