NAB Prosecutor General: IHC defers hearing in a petition challenging Asghar's appointment

The Islamabad High Court (IHC) on Friday deferred hearing in a petition challenging the appointment of Asghar Haider as National Accountability Bureau (NAB) Prosecutor General. A single bench of IHC comprising Justice Mohsin Akhtar Kayani heard the petition and adjourned the hearing after petitioner's counsel did not turn up before the court due to his engagements.
Raja Muhammad Umair Khan Advocate moved the court through his counsel Muhammad Shahid Kamal Khan Advocate and cited chairman NAB, secretary Establishment Division, secretary law, secretary finance and NAB Prosecutor General Syed Asghar Haider as respondents.
The petitioner stated in the petition that he came to know that the respondents have violated the law of land by favouring Syed Asghar and appointing him prosecutor general NAB in disregard of not only the provisions of law but also the Constitution of Pakistan.
He argued that Asghar Haider retired as judge of Lahore High Court on 8-10-2009 and under Article 207(3), a person who has held office as a permanent judge of the High Court or of the Supreme Court, shall not plead or act in any court or before any authority in Pakistan; (b) of a high court, shall not plead or act in any court or before any authority within its jurisdiction.
He maintained that prosecutor general accountability is appointed under section 8 of National Accountability Ordinance (NAO) 1999.
"The crux of the matter is that the prosecutor general accountability is the principal law officer of the NAB who must have the eligibility to appear before the courts established under National Accountability Ordinance and all other courts, meaning thereby that the prosecutor general accountability should have not any type of embargo or restriction on his appearance as an advocate before any court," added the petitioner.
The petitioner contended that the appointment of Syed Asghar as the prosecutor general accountability is clear violation of the rule calling for "right man for the right job."
He continued that Haider is having a constitutional bar which makes him ineligible from appearing, practicing or acting as an advocate or a law officer before any court falling under the Lahore High Court so he is ineligible to appear before more than 50 per cent of the courts of Pakistan, hence under any stretch of imagination he cannot be considered for appointment on the post of prosecutor general accountability.
He prayed that respondent (Asghar Haider) be asked under what authority and law he is holding the post of prosecutor general accountability, NAB Islamabad, while the other respondents be asked why they have failed to uphold rule of law and due process of law in the interest of justice and fair play.