Seeking a concise statement from federal secretary law over delay in appointment against the vacant slot of prosecutor general (PG) of National Accountability Bureau, the Supreme Court on Monday asked the federation to submit a reply over rejection of five names which were forwarded to the President of Pakistan to fill the slot.
Appearing before a three-member bench led by Chief Justice Mian Saqib Nisar in a case relating to the appointment of PG NAB, Additional Attorney General Waqar Rana stated that the President turned down all the five names sent by Chairman NAB for appointment of the PG; however, he said the President had recommended three names - Waqar Hasan Mir, Chaudhry Mohammad Ramzan and Najeeb Faisal Chaudhry - for filling the post.
During the course of proceedings, responding to a query of Chief Justice Mian Saqib Nisar, the Additional Attorney General for Pakistan submitted that the President is bound to act upon the advice of the prime minister or cabinet as provided under Article 48 of Constitution, saying at the most the President can return the summary to the premier for reconsideration.
Rana further submitted that under Section 8 (1) (a) of NAB Ordinance 1999, the President is to appoint the PG with consultation of chairman NAB, saying previously a summary was forwarded by the Law and Justice Division under the Rules of Business 1973 after consultation with the chairman NAB. However, Rana submitted that consultation, though not binding, must be meaningful and purposive because it relates to a public office.
Appearing on the court notice, Secretary Ministry of Law and Justice Karamat Hussain Niazi produced a file containing the President's rejection while terming the rejection a cause of delay in implementation of the apex court's directives in the current matter.
The bench remarked that under the law the President cannot reject a file forwarded by Prime Minister's office but only can send the file back to the Prime Minister's office for reconsideration. The hearing of the matter was adjourned till January 24.
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