In its detailed judgement on appointment of Chairman NAB, Supreme Court Tuesday held that former Justice Syed Deedar Hussain Shah stands disqualified to be reappointed on account of Section 6(b)(i) of National Accountability Ordinance, 1999.
The judgement is authored by Justice Asif Saeed Khan Khosa, a member of three-member bench headed by Justice Javed Iqbal that had earlier on March 10 announced the short order on appointment of NAB Chairman on two constitutional petitions filed by Chaudhry Nisar Ali Khan, leader of opposition in National Assembly and the other one by Shahid Orakzai.
Justice Asif Saeed Khan Khosa writes in his verdict that they have arrived at an irresistible and inescapable conclusion that the appointment of Deedar as Chairman National Accountability Bureau (NAB) by President of Pakistan on February 9, 2011 is ultra vires the letter as well as the spirit of section 6(b)(i) of National Accountability Ordinance, 1999.
The Judge further writes that through such illegal appointment the fundamental rights of the people of this country including their right to life, right to liberty, due process of law, fair trial and access to justice are adversely affected.
At the outset of his authored decision, he said, "The pangs that a judge has to go through and endure while adjudicating between fellow human beings are known to many but very few know that the pain is more penetrating when the matter concerns a former colleague in the profession".
"The case in hand happens to be one of such cases and we have been called upon to adjudicate upon an issue directly concerning appointment of a former honourable judge of this court to a prestigious office in the country and no matter how acute the pain and agony, judge we must, justly and fairly, as that is what is our vocation and calling," he adds.
Justice Asif Saeed Khan Khosa making his reasoning at length holds his opinion on basis of the Section 6(b)(i) of National Accountability Ordinance, 1999 regarding 'non-extendable period'.
He says it is because of his two appointments to that office, both botched and messed up by law ministry's wrong legal advice to the relevant quarters, as interpreted through the judgements of this court handed down in the case of The Bank of Punjab VS Haris Steel Industries (Pvt) Ltd and others (supra) and in the present case.
Further explaining his viewpoint, he says, "Before parting with this judgement we are constrained to observe that the matter of appointment of former Justice Syed Deedar Hussain Shah as Chairman NAB has been handled by law ministry in a manner depicting shallow and perfunctory understanding of the constitution and the relevant law and in the process the former honourable judge of this court has suffered for no fault of his own."
The judge directed that a fresh appointment to the vacant office of Chairman NAB be filled without further delay. The judge also noted that post of Prosecutor-General NAB is lying vacant for the last about half a year without serious effort to fill the same and directed that a regular appointment to the said office be made immediately.