Govt lawyer seeks more time
One of the petitions was filed by Rasheed A Akhund, a senior lawyer of the city, who appealed to the court to declare Shah’s appointment unlawful and void for being in violation of Article 48 of the Constitution. The petitioner has cited the president, the law and parliamentary affairs minister, the law and parliamentary affairs secretary and the NAB chairman as respondents.
The petitioner submitted that the NAB chairman was liable to a writ of quo warranto (an inquiry explaining by what warrant a person or a corporation acts, or exercises certain powers) to show how he claims to hold office as the NAB chairman as it is a public office.
The petitioner, relying on the prime minister’s statement, contended that the president, who is the appointing authority, had not taken advice from the prime minister before appointing Shah.
Hitting hard at the federal law minister, the petitioner alleged that “the law minister is giving misleading and illegal advice to the president, even to the extent of flouting the orders of the Supreme Court of Pakistan”. The petitioner, besides seeking the declaration that Shah’s appointment is illegal, also seeks a permanent injunction restraining the NAB chairman from exercising any powers.
The second petition was filed by former deputy prosecutor Muhammad Siddique Mirza who, citing the Federation of Pakistan, Justice (retd) Deedar Shah and NAB DPG Irfan Qadir as respondents, maintains that Shah’s appointment is against the Supreme Court’s judgment.
The petitioner appealed to the court to declare the ‘impugned’ notification appointing Shah as chairman illegal, order the de-notification of his appointment and as interim relief, restrain him from working.
Published in The Express Tribune, October 22nd, 2010.
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