NAB chairman's appointment declared null and void: PPP responds to Supreme Court decision with protest call

The Supreme Court has declared null and void the appointment of former Justice Deedar Hussain Shah as Chairman of the National Accountability Bureau (NAB). The PPP has responded to SC decision with a call for a 'protest day' on Friday. In its order on Thursday a three-member bench headed by Justice Javed Iqbal directed the NAB Chairman to immediately relinquish his charge. The other two members of the bench were Justice Raja Fayyaz Ahmad and Justice Asif Saeed Khosa.
While accepting the petitions of leader of the opposition, Chaudhry Nisar Ali Khan, and Shahid Orakzai, the apex court in its short order said: "for reasons to be recorded separately, these petitions are accepted and the appointment of Justice (Retd) Syed Deedar Hussain Shah as chairman NAB is hereby declared as illegal and ultra vires and he shall cease to hold the said office forthwith". The reasons for the ruling would be recorded later.
Abdul Hafeez Pirzada, counsel for the federation had argued that appointment of NAB chief did not infringe upon the fundamental rights of any individual and the issue could not be treated on the basis of fundamental rights. "These pleas are not maintainable, being premature and based on certain misconception, perception and hypothesis...the court could not go into academic questions as already held in Malik Asad case," he maintained.
The NAB chairman office was not the one to which the legitimate expectations of other aspirants were concerned with as observed by the apex court in contract employees' case, Hafiz Pirzada said, adding, other retired government servants were also getting employment on this important slot. When Justice Khosa observed that rights of thousands of those who had been involved in NAB cases were attached with the issue, Pirzada said that petitioners' objection to the partiality of Deedar did not have sound logic as many competent judges like Justice (Retd) Javed Iqbal, son of Allama Muhammad Iqbal, took part in politics in the past.
To a bench query how could the government adjust Deedar's service tenure of four months when the first notification of his appointment was withdrawn, he said, "if the apex court held that first notification was illegal and the second held some grounds, then it is up to the court to decide about his service tenure".
"It is up to the court to hold whether tenure of chairman NAB will be of four years or three years and eight months", he pleaded. The lawyer for federation contended that second notification of February 09 was issued, keeping in view the legal requirements and after incorporating prime minister's advice under section 6 of the NAB ordinance.
The counsel said that the court had to first find the legality of the first notification and then proceed further. "The first notification was cancelled, revoked and declared void without disturbing continuity of NAB chairman service, while the second was issued to remove the ambiguity", he added.
Pirzada said that section 6 of the NAB ordinance and Article 48, were not workable and required amendment. Justice Khosa observed that if the issue is left open, it would be challenged again in other cases. The country is passing through hard times and the court could not act in emptiness, he observed. "We are already bogged down like the Indian Supreme Court which faced thousand of public litigations till Bhaghwati case in which they decided how such cases would be dealt with," he added.
Justice Khosa said that Chaudhry Nisar never said that the consultation for appointment of NAB chairman was improper and how the parties could change their viewpoint over the issue. The bench also directed attorney-general Molvi Anwarul Haq to take up the issue of the appointment of prosecutor-general of NAB with the federation. It said that in the absence of prosecutor-general, how prosecution issue could be dealt with.
Muhammad Akram Sheikh, counsel for Chaudhry Nisar Ali Khan said that respondent was only assuming the appointment as valid by removing a single defect without looking into three other flaws crept in due course of time. He appealed the court to set future guidelines for such appointments.
PPI adds: Pakistan Peoples' Party (PPP) has announced to observe 'protest day' on Friday against the Supreme Court decision of declaring Chairman Nation Accountability Bureau Justice Deedar Hussain Shah as illegal. General Secretary PPP-P Sindh Taj Haider said his party would observe 'protest day' on Friday against Supreme Court decision. Former Justice Deedar Hussain Shah was appointed as Chairman NAB on October 08, 2010. Taj Haider appealed traders and transporters to close their businesses on Friday.