The Supreme Court was prayed on Monday to instruct the government to withhold any action under Section 6 of National Accountability Ordinance, 1999 till announcement of detailed judgement on NAB chairman disqualification.
Shahid Orakzai, who had filed petition against appointment of National Accountability Bureau (NAB) chairman under Article 184(3) of Constitution, requested the court to instruct the SC registrar not to fix any pending case wherein the NAB chairman is a respondent until the announcement of the judgement and order the federation to pay the costs of the accepted petition as well as this application when accepted.
A three-member bench headed by Justice Javed Iqbal on March 10, 2011 had declared appointment of Syed Deedar Hussain Shah as chairman of the top anti-graft body illegal and ultra vires of the Constitution and ordered him to immediately relinquish the charge of the office. The petitioner requested the court to instruct the federation to appoint NAB chairman in accordance with constitution and the law interpreted by the apex court in the instant petition.
He said without waiting for the reasons promised by the court and the interpretation of the relevant law as emphasised by Article 185(e) (f), the President has initiated a fresh process by writing letters to the Prime Minister and leader of Opposition in the National Assembly. "The latest bid to reappoint the same person and response of prime minister to the president's letter may cause serious legal complication. Thus, to protect the relevant articles of the constitution this court is duty bound to intervene".