Deedar Shah's appointment: Supreme Court prayed to refer case to SHC

The counsel for incumbent chairman NAB on Thursday prayed to Supreme Court to refer his client case to Sindh High Court (SHC) for deciding as similar nature of petition had been pending in SHC.
A four-member bench of the apex court headed by Justice Javed Iqbal comprising Justice Tassaduq Hussain Jilani, Justice Raja Fayyaz Ahmed and Justice Asif Saeed Khosa was hearing different petitions against the appointment of chairman NAB Syed Deedar Hussain Shah.
"The NAB chairman requested the court that as similar nature of petitions are pending in SHC therefore, let first it decide the matter, then Supreme Court hear the appeal against it," Khalid Ranjha, counsel for chairman NAB stated. He said his client was appointed as chairman NAB by President Asif Ali Zardari in accordance with law, so he could be removed only under Article 209 of constitution. Justice Khosa said if the appointment was illegal then the court has a right to review it as it did in prosecutor general NAB Danishwar Malik's case.
When Ranjha said that law ministry removed Danishwar after fulfilling the requirements under Article 209, Justice Khosa said if that was the case then the court also has to see under what law acting PG functioning. He said in view of the political prosecutions in the past system of consultation with opposition leader in National Assembly in appointment of NAB chairman was introduced so that the NAB chairman enjoy the confidence across the board.
Justice Jilani said that the main issue before the court was not the personality of former Justice Deedar as there was not honesty and integrity, but they have to examine the legal issue. Khalid Ranjha said consistent efforts were made by the Prime Minister, who is also leader of the house to consult opposition leader for appointment of NAB chairman, but he constantly objected.
Justice Jilani questioned whether an advice was given by PM to the president in this regard, Khalid Ranjha said that there was difference between the utterance of a political person and a judge. He prayed to the apex court to wait till SHC passes its judgement on the issue.
Dr Abdul Hafeez Pirzada, counsel for federation said that Article 186A has gone through so many changes. Earlier, the Supreme Court could have lifted the case from any High Court itself but after 18th Amendment it has been dropped. Justice Khosa remarked that the power of SC could not be hijacked that if a matter is before the apex court and somebody file the petition of the same nature in High Court. He said that in certain cases the power of the apex court is supreme. Pirzada said the Indian Supreme Court in Bhagawatti case had decided the jurisdiction of the High Court and the Supreme Court.
Akram Sheikh, counsel for Opposition Chaudhry Nisar said that the whole case is in process of compliance but there has been deliberate defiance of article 48 of the constitution. Justice Javed Iqbal said that there should be a system that the Supreme Court has not to interfere again and again. The court adjourned till February 8.