ISLAMABAD: The Supreme Court on Tuesday termed the appointment of Admiral (Rtrd) Fasi Bukhari as a Chairman National Accountability Bureau (NAB) not accordance with the section-6 of the NAB Ordinance, 1999.
The apex court remarked that, NAB was an elevated investigation department, and the post of the chairman NAB should not be vacant for a long period of time while declaring his appointment to be without lawful authority also directed Federal Government to make fresh appointment without further delay.
A five-judge bench comprising Justice Tassaduiq Hussain Jillani, Justice Anwar Zaheer Jamali, Justice Asif Saeed Khan Khosa, Justice Amir Hani Muslim and Justice Muhammad Ather Saeed allowed the constitutional petition filled by Ch. Nisar Ali Khan against the appointment of Chairman NAB.
Section-6 of NAB Ordinance says "there shall be a chairman NAB to be appointed by the President in Constitution with meaningful consideration of the Leader of the House and the Leader of the Opposition both".
Justice Tasaduq observed that the conversation at phone on the topic of appointment of NAB Chairman between the Prime Minister and the Leader of the Opposition was termed the consideration between the Leaders.
Ltif Khosa, counsel for the Fasi Bukhari apprised the court that Ch. Nisar never raised any objection in the assembly meeting, he further stated that at the time of appointment he remained silent then how he can object now.
He further stated that Bukhari was deserved to be the chairman NAB and his appointment was done after followed the rules and regulations.
Litif Khosa said, a neutral person should appoint for this job and Bukhari was the best person who could appoint at this vital post.
Justice Asif Khosa said there was not a matter credibility of Fasi Bkhari but the matter was whether the consideration was fallowed by the law or not.
Where the matter of Bukhari was concerned as individual no one raise any objection through out the proceeding of this case.
Meanwhile, Attorney General said the perception that Supreme Court termed all appointments illegal would not a good massage.
He said before that, 31 July 2009 Supreme Court verdict was controversial, the way was adopted to send these judges to home was not respectful.
No notice was sent to these judges, even Pakistan Bar Counsel (PBC) rejected that decision of Supreme Court, he added.
Justice Asif Khosa said there was the matter of chairman NAB's appointment but you was leading the bench some where else.
Later giving the short order the bench allowed the petition and termed chairman NAB's appointment void and illegal under the section-6.
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