The federal government has decided to implement the Supreme Court order, and the Law Ministry has issued the necessary directive to Irfan Qadir to immediately leave the Prosecutor General's office of National Accountability Bureau (NAB) and avoid any interaction with media. Sources in NAB confirmed that such a directive had been received in NAB headquarters.
Earlier, it was learnt that the government had issued a notification allowing Irfan Qadir to continue as Prosecutor General of NAB in defiance of Supreme Court orders to remove him. NAB sources said that Qadir soon after the verdict from the court had sent his resignation to the government. But the government had not accepted it, saying that only the President can ask the chairman of NAB or the prosecutor general to step down. After the statement, Irfan Qadir continued to attend his office, they said.
Qadir argued that he could legally be removed only by the President. "Yes, I am continuing to hold this office and only the President could remove me," he was quoted by NAB sources as stating. "I will only follow the legal and constitutional procedure in this regard," he had stated.
"The prosecutor general shall hold office for a non-extendable period of three years. He shall not be removed from the office except on the grounds of removal of the judge of the Supreme Court," Qadir had justified quoting clauses IV and V of section 8 of the NAB Ordinance 1999. The Supreme Court in its ruling declared the appointment of Irfan Qadir as illegal. The Apex Court on Wednesday (September 1) ruled that the appointment of the NAB prosecutor general and deputy chairman, Javed Zia Qazi, was unlawful.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry directed Attorney General Maulvi Anwarul Haq to ask the government to remove the NAB Prosecutor General as soon as possible. Irfan Qadir on Monday arrived at the NAB Headquarters and called a meeting of law officers and issued directives to them. Meanwhile, Presidential spokesman Farhatullah Babar told media the court has expressly directed Irfan Qadir to leave his charge and there is no truth in reports regarding directives from the President giving him the go-ahead to continue in his position.