ISLAMABAD: The Supreme Court has taken suo motu of the National Accountability Bureau (NAB) chairman's powers to recruit persons in the NAB without framing of the rules. A two-judge bench, comprising Justice Mushir Alam and Justice Qazi Faez Isa, in the written order of the bail application of Muhammad Nadeem took suo moto of the chairman's powers, saying he can exercise powers for appointments in manner prescribed in the National Accountability Ordinance (NAO), 1999.
The Section 28(g) of NAO reads; "Notwithstanding anything to contrary contained herein, or in any law for the time being in force, the Chairman NAB, shall not be required to consult the Federal Public Service Commission for making appointments and in matter relating to qualifications of persons for such appointments and methods of their recruitment and the qualification for appointments and methods of recruitment shall be such as he may by rules prescribe."
The court noted that clause (g) of Section 28 should be read with the Section 34 of the Ordinance, 1999, reveals that, prima facie, such powers are to be exercised in the manner as provided for under the Ordinance 1999.
It stated that as per the NAB law its chairman was required to make rules for carrying out the purposes of the Ordinance 1999, but such rules have not been made till date. The court has directed the prosecutor general NAB to satisfy the court that whether under the subordinate legislation, the mandate of the Article 242 read with Article 240 of Constitution can be bypassed in making appointments.
The bench directed the SC office to prepare separate file as suo moto case, and fix the same for consideration of the point noted. The court said, since, the point needs interpretation of the Constitution and the law, therefore, issue notice to the Attorney General for Pakistan under Order XXVII-A of Code of Civil Procedure, 1989.
The issue of chairman's powers was raised during the hearing of bail application of Muhammad Nadeem, when the bench had inquired from the DG NAB, Irfan Mangi, about his qualification and experience to investigate criminal cases.
He had told the Court he was an engineer and had no experience of investigating the criminal cases. When the bench questioned who appointed Irfan Mangi as DG. The deputy prosecutor general NAB had informed the bench that DG NAB Irfan Mangi was appointed by the chairman NAB in exercise of powers under Section 28(g) of the NAO, 1999.
During the hearing for setting up 120 Accountability Courts across the country, Chief Justice Gulzar Ahmed said that despite the lapse of 21 years the NAB still do not have rules, therefore, had directed the bureau to submit a report regarding framing of rules under Section 34 of the NAB Ordinance within a month.
"NAB SOPs cannot be a substitute for the rules," it added. In 2017, a three-judge bench, headed by Justice Ameer Hani Muslim, had constituted a committee, comprising the Establishment secretary, a human resources representative from the NAB, and a member of the Federal Public Services Commission, to inquire into the educational qualifications of the NAB officers.
The NAB Lahore DG, Syed Burhan, Balochistan DG Tariq Mehmood, Sindh Director Shahbir Ahmed and Awareness and Prevention DG Aliya Rashid had to leave the NAB as they did not have required educational qualification at the time of their induction in the NAB.
Copyright Business Recorder, 2020
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