A three-member bench of the Supreme Court here on Tuesday gave one month deadline to the federal government to fill vacant posts of Chairman National Accountability Bureau (NAB) and Prosecutor General Accountability.
The Bench comprising Justice Javed Iqbal, Justice Khilji Arif Hussain and Justice Asif Saeed Khan Khosa further held that court had intentionally avoided ordering to close down NAB because it would affect the accountability courts, inquiries and investigations which were pending with the bureau.
"Keeping in view the drastic implications and the alarming possibilities hinted by the Attorney General of Pakistan we tend to agree with him that instead of becoming instrumental in closing down the NAB and winding up of the inquiries, investigations and trials being conducted by it at present we may provide one more opportunity to the federal government to fill the offices of the chairman and the Prosecutor-General Accountability within a reasonable time." The court further said that if the government failed to fill both vacant seats in one month time the deputy chairman would automatically be barred from exercising delegated powers of chairman NAB and in that case the bureau would practically become non-functional.
The court issued these directions while disposing of a constitutional petition filed by Al-Jehad Trust challenging the appointment of deputy chairman NAB Javed Zia Qazi and seeking direction to restrain him from exercising delegated power of chairman. Advocate Habibul Wahab Alkhairi appeared on behalf of petitioner while Waseem Sajjad represented deputy chairman NAB.
The court pointed out that chairman NAB may delegate some power to deputy chairman under section 34-A of National Accountability Ordinance 1999 but he has no independent duties or functions of his own and his only job is to assist the Chairman in the performance of his duties and to carry out such functions as may be directed by the chairman. Office of the Chairman is presently lying vacant for the last many months and deputy chairman can not exercising the delegated powers when there is no chairman on the scene. Under the law of contract a delegation comes to an end when the delegate (chairman) vanishes from the scene.
"Statutory delegation during a vacancy in the office of the delegate can not be stretched to a period which is unduly protracted and indefinite. "In these circumstances an impression is well-founded then such an exercise may amount to committing a fraud with or upon the relevant statute. The court further said qualifications for the office of Chairman under section 6(ba) than those specified in section 7(aa) for the office of deputy chairman.
The court observed, "It seems to be preposterous and outrageous if in the garb of a statutory delegation of some of his powers by a chairman in favour of a deputy chairman the latter may be permitted to keep on exercising for a protracted and indefinite period of time while the office of the Chairman remains, or is deliberately kept, vacant for months at an end.
Such clothing of the deputy chairman, who is otherwise not even qualified to be appointed as Chairman, virtually and practically amount to permitting him to act as acting chairman The court mentioned that SC in the case of The Bank of Punjab vs Haris Steel SC had clearly held that there cannot be an acting chairman at a time when the chairman office is vacant.
The court said Attorney-General of Pakistan Maulvi Anwarul Haq had very candidly conceded that the whole scheme of the NAB Ordinance, 1999 revolves around the office of the chairman and, academically speaking, the whole NAB stands paralysed when the office of the chairman is vacant. He has also conceded that despite the appropriate directions issued by SC in numerous cases, the offices of chairman and the Prosecutor-General Accountability are lying vacant for a considerable period of time. He pointed out that these vacant seats are gravely and prejudicially affecting the normal and smooth functioning and performance of the NAB.
Comments
Comments are closed.