Federation wishes to review over NAB chief's appointment

ISLAMABAD: Additional Attorney General (AAG) Karim Khan Agha on Friday emphatically marked before a special bench of the Supreme Court that Federation wished review of a pending plea over its March verdict, showing door to then chairman National Accountability Bureau Syed Deedar Hussain Shah.

Appearing before a special bench comprising Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Asif Saeed Khan Khosa and Justice Amir Hani Muslim, he said that he was ready to record his statement in this regard.

His assurance came after Abdul Hafeez Pirzada referred to the issue by saying that being a counsel for Federation in the case, he had moved a review plea along with a civil miscellaneous application seeking suspension of the apex Court's decision of March in which appointment of chairman NAB was declared as unconstitutional and prayed for constitution of a larger bench. But he did not receive written instructions from the Federation, he added.

He cited a letter written by AAG to secretary ministry of Law and Justice on October 12, seeking instructions over the fate of pending review which was not responded by the incumbent secretary.

Reading out contents of the letter he said that AAG had written that a new process for appointment of NAB chairman had been started, and in the light of these developments, could he (secretary) instruct counsel for Federation as to how he should proceed in the pending issue!

He said a review was filed under the instruction in March, besides, moving another civil miscellaneous application, but the fate of these pleas were yet unknown.

He said in the meanwhile, directions continue to come from the apex Court asking the Federation to make appointment to the office.

He apprised the bench that in another identical issue, a review moved by Additional Attorney General KK Agha, seeking extension in time frame over appointment of NAB chief, was also dismissed by a bench on October 4.

Justice Asif Saeed Khan Khosa pointed out that the issue in that case of which he was an author Judge, pertained to delegation of powers to deputy chairman NAB which was adjudicated upon.

He told Pirzada that office had told them that they could not fix the review in July as counsel was not available at that time. Pirzada replied that he had specifically asked for fixation of case in the second week of August.

He said that recently a new development also took place as he learnt from media reports that the President had nominated admiral retired Faseeh Bukhari as chairman NAB and written a letter to Chaudhry Nisar Ali Khan, Leader of Opposition in the National Assembly.

From reports, it was evident that Chaudhry Nisar again rejected the nomination. What would be the state of affairs! Whether review plea was pending or became in-fructuous! He posed a query. He said that such things would further delay the appointment issue.

"It will be irreconcilable contradiction to continue arguing the case while Federation feels the pressure to fill up the vacancy," he reminded the bench of legal complexities arising out of the situation.

"The AAG very kindly written a letter to Secretary Law and verbally told me on the basis of his information that the Federation wants that its review should be pursued but I require a written statement," he added.

Justice Jillani told him that they would not go by the media reports, however, he had pointed out one aspect of the case.

He told him that the review had been pending since July, but no one from the party cared to pursue it.

He said that the bench could not do anything in this respect, however, they would send it to the Chief Justice by directing the Registrar office to place it before him.

Muhammad Akram Sheikh, counsel for Ch. Nisar, appeared and said that the entire proceedings would become in-fructuous once the process for appointment of new chairman was in place.

"If review succeeds then what will be the outcome of fresh appointment!" he questioned. The bench told him that they were not going into merits of the case.

The bench afterwards referred to the Chief Justice of Pakistan Federation these two pleas seeking suspension of the apex Court's decision of March in which it had declared appointment of chairman NAB as unconstitutional and constitution of a larger.

Copyright APP (Associated Press of Pakistan), 2011