After admitting a plea for regular hearing, Supreme Court on Thursday directed the government to submit relevant records to the court regarding appointment of deputy chairman National Accountability Bureau (NAB) Javed Qazi.
A three-member bench headed by Justice Javed Iqbal with Justice Raja Fayyaz Ahmed and Justice Anwar Zaheer Jamali was hearing a petition filed by Wahabul Khairi, challenging appointment of Javed Qazi, pleading that it is against the provisions of National Accountability Ordinance (NAO) as any officer on deputation could not be given the said post.
The court told Attorney General for Pakistan Molvi Anwarul Haq to submit all the documents, containing delegating powers of chairman to the deputy, promotion of deputy chairman in BPS-21 and comprehensive details of all NAB references filed and dropped during the last three years.
Khairi, the petitioner told the court that before reaching at the age of superannuation, a person could be assigned new duties according to NAB ordinance. Besides, deputy chairman NAB was promoted to BPS-21 after his appointment in NAB, he added. He also claimed that there were certain questions on integrity of the said officer, which were evident from his service record. He said under Sections 7 and 34 A, the NAB Chairman could not delegate his powers to his deputy.
Waseem Sajjad, appearing as counsel for the respondent, categorically denied the claims and defended the appointment process. He said Qazi was BPS-21 grade officer in Customs Department and his appointment was made on a tenure post with non-extendable period of three years. To a bench's query, he replied that Qazi's appointment was done under the related provisions of NAB Ordinance and he was appointed by the President in consultation with the NAB Chairman and on the advice of the Prime Minister.
Referring to Section 7 of NAO, he said that the NAB Chairman initiated the process and recommendations were sent to the President. Just like the appointment of High Court judges in which the Chief Justice of Pakistan had the discretion, the NAB Chairman under relevant provisions, initiated the process, he added. Justice Javed Iqbal said that it had appeared in media reports that about 34 major references had been dropped during the last three years. The Attorney General apprised the court that the petitioner had based his contentions on media reports. The hearing was adjourned for a week.