NAB chairman Fasih Bukhari: opposition leader challenges appointment process

Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan has challenged the appointment process of Chairman National Accountability Bureau (NAB) Fasih Bukhari in Supreme Court (SC) on Saturday. Senior Advocate Supreme Court Mohammad Akram Sheikh filed the petition under Article 184 (3) of the Constitution of Pakistan making the federation of Pakistan through Secretary Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan through Secretary Establishment Division and Admiral (Retired) Fasih Bukhari Chairman NAB as respondents.
It has been prayed that Bukhari may graciously be restrained from performing the functions as Chairman NAB with immediate effect, till the final adjudication of the petition in the larger interest of rule of law and independence of judiciary.
The petitioner contended that it has been held in various judgements of the SC that the CJP has a consultative role in the process of appointing Chairman NAB, adding that even then the CJP was not consulted by the incumbent regime while appointing Bukhari as Chairman NAB. The petitioner pointed out that it was evident in the appointment of Chairman NAB that so-called "consultation" was carried out by the President Zardari through a process that is neither just and fair nor impartial and even-handed.
"Whether mockery of the process of consultation has been made by the President Zardari by suggesting a single name of Fasih Bukhari for the post of Chairman NAB and appointing him with the consent of Prime Minister notwithstanding the objection of the petitioner to adapt process of "consultation"?, he further questioned.
The petitioner also contended that Asif Ali Zardari is disqualified from exercising any powers or performing any function with regard to the appointment of Chairman NAB keeping in view the oath of his office through which he should not allow his "personal interest" influence his official conduct. The petitioner pleaded that President Zardari was accused in more than a dozen cases of alleged corruption within and outside Pakistan and has obvious conflict of interest in such appointment.
The leader of the opposition also questioned in the petition that given the fact the President's authority to appoint Chairman NAB is not specified to be discretionary as per Section 6(b)(i) of the National Accountability Bureau Ordinance, 1999, he, in the matter of such appointment, is, on the analogy and in view of the provisions of clause (i) of Article 48 of the Constitution of the Islamic Republic of Pakistan, 1973, read with clause (2) ibid, bound to take the advice of the Prime Minister or the Cabinet before exercising his authority for appointment of Chairman NAB.