Deedar's appointment as NAB chairman: Professor Khurshid sees three 'violations of law'

Naib Ameer Jamaat-e-Islami (JI) Senator Professor Khurshid Ahmad said that at least three major violations of law were made in the appointment of former Justice Deedar Hussain Shah as Chairman, National Accountability Bureau(NAB). Talking to Business Recorder here on Tuesday he said that judiciary must take the President and the Law Minister to account for the appointment of new NAB Chairman in violation of law.
He said that what disqualifies Justice Deedar for this job is "his close links with the PPP and with Mr Zadari in person", who is one of the major beneficiaries of the NRO, while it would be the responsibility of the NAB to prosecute such beneficiaries.
He explained that 18th Constitutional Amendment has removed all discretionary powers of the President. According to the Constitution it was the duty of the PM to give advice to President for this appointment. If he has failed in his duty, as he has confessed publicly, he must be held accountable for that. But, even if the PM had failed in respect of his constitutional obligation, it was incumbent to the President to seek his advice because he cannot under the Constitution act in respect of such legal obligations, without the advice of the PM.
"Appointment of such a person to this sensitive position is a gross miscarriage of justice. It establishes beyond any shadow of doubt that the President is determined to thwart and subvert the entire accountability process," he added. He interprets the appointment as "confession of guilt" by the President and "a shameless effort to protect and promote corruption" in the country. He terms the performance of the newly appointed Chairman of NAB as a Judge insignificant in the whole context.
He said that secondly, the appointment is also in violation of the Constitutional and legal norms. Dilating upon the legal aspect of the issue, Professor Khurshid maintains that clause 6 of the National Accountability Ordinance gives the President the power to appoint the Chairman of the NAB. But this power is subject to Article 48 of the Constitution, which makes it obligatory on the President "to exercise his function in accordance with the advice of the Cabinet and the Prime Minister." There can be exception only in cases when Constitution specifically states the President can decide a matter in his discretion. "Nowhere in the Constitution has such discretionary power been given to the President".
Third major flaw in the opinion of Professor Khurshid relates to the violation of the principle of consultation clearly spelled out by the Supreme Court in the Asfandyar case, and not merely as agreed to between the PPP and PML-N in the COD. In the light of the Supreme Court Judgement in the al-Jihad Trust Case (1996) "Consultation means that it should be meaningful, purposeful and consensus-oriented". There is no doubt that the Leader of the Opposition had rejected this proposal and the consultation therefore falls short of all three criteria set out in the judgement.
"The Co-chairperson of the PPP, who also holds the position of the President of Pakistan, has inflicted one more devastating blow to the National Accountability process by arbitrarily appointing his own friend and confidant and an old Jiyala of the PPP Shah as Chairman, National Accountability Bureau", says Senator Professor Khurshid Ahmad in his statement issued to the national press.
According to Professor Khurshid, President Zardari and his Law Minister are on a warpath with the Judiciary and are prepared to go to any length to protect "their ill-gotten wealth, looted from the people of Pakistan" and "to make a mockery of the process of accountability". They seem to be sworn to protect corruption, old and new, and violate every relevant provision of the Constitution and law. "As such this appointment fails to fulfil minimum demands of law and decency. It is also a question mark how a conscientious of ex-Judge of the Supreme Court has accepted such a dubious and mala-fide appointment," he added.