ISLAMABAD: The Islamabad High Court (IHC) on Tuesday turned down a petition seeking directions to the government to hold consultations with the chief justice of Pakistan (CJP) regarding the appointment of the National Accountability Bureau (NAB) chairman.
A single bench of Chief Justice Athar Minallah dismissed the petition moved by Chaudhary Muhammad Fahad Shabbir, terming it as non-maintainable.
The IHC chief justice noted in its written verdict, “The counsel for the petitioner could not persuade the Court that a suggestion or recommendation made by the Supreme Court is binding on the Parliament.”
He added that this question has been unequivocally clarified by the Supreme Court in the judgment titled “Ch Nisar Ali Khan vs Federation of Pakistan”, which was rendered by a larger bench consisting of five judges.
Justice Minallah observed that the mode of appointment of the chairman of the Bureau has been described under section 6 of the Ordinance of 1999 and the said provision has been amended by the Parliament from time to time.
He added, “The existing manner of the appointment has been prescribed under clause b (i) of section 6 of the Ordinance of 1999. The statutory provision contemplates that the chairman shall be appointed by the President “in consultation with the leaders of the House and the Opposition in the National Assembly”.”
The IHC CJ stated that the vires of section 6 of the Ordinance of 1999 have not been challenged through the petition in hand. Moreover, the Supreme Court has also not questioned the vires of section 6 of the Ordinance of 1999.
He noted that the Parliament is the supreme lawmaking organ of the State and the mode of appointment of the chairman described under section 6 of the Ordinance of 1999, definitely is not in any manner whatsoever in violation of the constitutional provisions.
He maintained that the appointment of the chairman NAB by the president in consultation with the leaders of the chosen representatives in the National Assembly does not violate the fundamental rights guaranteed under the Constitution nor any other provisions thereof.
Copyright Business Recorder, 2022
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