
A three-member bench of the apex court – headed by Justice Javed Iqbal – was hearing two identical petitions challenging the appointment of NAB Chairman Justice (retd) Syed Deedar Hussain Shah.
During his career Justice Shah had decided thousands of cases and no one criticised him, but now as NAB chairman he will take up cases of exceptional nature. And that is why he is being criticised, Justice Iqbal observed, adding that consultation does not mean whatever the opposition says must be accepted.
Advocate Akram Sheikh, counsel for opposition leader Chaudhry Nisar Ali Khan, submitted that Justice (retd) Shah’s appointment represents clash of interest when a number of corruption cases are pending against incumbent President Asif Zardari in foreign courts. “Forty cases are pending against President Zardari in local courts and nine in foreign courts,” Sheikh argued.
He also pleaded that the opposition leader was not consulted on the appointment of the new NAB chief despite the fact it is mandatory under the constitution.
“The opposition leader rejected the two names offered by the government,” Justice Iqbal observed. “Under which system a consensus can be evolved on the proposed name?” he asked.
He said corruption is a big problem in Pakistan therefore accountability must be without prejudice.
Later, another petitioner Shahid Orakzai argued that Article 207 of the constitution confines the judges on a number of issues and because this article is ignored sometime judges get involved in unconstitutional activities.
He further argued that the president’s discretionary powers under Article 48 of the constitution have ended whereas the prime minister has already admitted that Justice Shah’s appointment was made by the president using his discretionary powers.
About the NAB chief, Orakzai pleaded that he is not of good health to shoulder such a huge responsibility.
“Retired judges are restricted not to hold public offices for two years after their retirement,” Justice Iqbal observed, asking the attorney, “You better focus on your arguments and avoid discussing judges.”
“It appears that the court is in a hurry,” Orakzai pleaded. To which Justice Iqbal remarked, “We will hear you for hours but you should give relevant arguments.”
Later the court adjourned the case for two weeks and issued notice to the AG to appear in person to explain the clauses in the constitution pertaining to the consultation process on the appointment of NAB chief.
Published in The Express Tribune, October 26th, 2010.
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