ISLAMABAD – The Supreme Court on Thursday declared the appointment of Justice (r) Deedar Hussain Shah as the National Accountability Bureau (NAB) chairman illegal and ultra vires and directed him to relinquish his charge with immediate effect. Meanwhile, the government has sought legal consultation from the Law Ministry for reappointing Justice (r) Shah. A well-placed source informed Pakistan Today that in view of the apex court’s verdict, the government is mulling on a proposal to reappoint Justice (r) Deedar as the NAB chairman after removing the technical flaws. “In this regard, the government has decided to consult with the opposition leader in the National Assembly to remove lacunas in the reappointment of the NAB chairman. Moreover, the prime minister would be asked to move summary over the issue as per rules.
Justice (r) Shah has already set a good precedent by relinquishing his charge soon after the SC decision without waiting for his removal orders,” the source added.
No government official was available for comments despite repeated attempts. According to Online news agency, Prime Minister Yousaf Raza Gilani convened a confidential meeting immediately after the court issued its short order. The meeting involving legal wizards of the government besides the relevant senior officials underlined various options, including a review petition. Finally, the government decided to reappoint Justice (r) Shah after fulfilling all legal and constitutional requirements, Online reported.
Earlier in the day, a three-member bench comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed and Justice Asif Saeed Khosa said, “For reasons to be recorded separately, these petitions are accepted and the appointment of Justice (r) Deedar Hussain Shah as National Accountability Bureau (NAB) chairman is hereby declared illegal and ultra vires and he shall cease to hold the office forthwith.” The court had accepted two identical petitions against the appointment of Justice (r) Shah as NAB chairman, which were filed by Leader of the Opposition in the National Assembly Nisar Ali Khan and Shahid Orakzai. The court had earlier reserved its verdict after hearing arguments of the counsels for the petitioners and the federation. Muhammad Akram Sheikh had appeared for Nisar while Orakzai had appeared in person. Abdul Hafeez Pirzada was representing the federation.
Sheikh had contended that the leader of the opposition in the National Assembly was not consulted in the process of appointment of the NAB chairman. Pirzada had argued that the petitions were not maintainable, as the matter of appointment was an administrative one instead of relating to human rights. He had stated that the petitions were filed under Article 184(3) of the constitution, which deals with the human rights, thus the petitions were not maintainable. The government had insisted that the constitution required consultation with the opposition leader but his consent was not required.
Nisar had admitted on floor of the House during one of the previous sessions of the National Assembly that the prime minister did ask him about Justice (r) Shah’s appointment as NAB chairman, adding that he had raised objections on behalf of his party. This debate whether the opposition leader had the mandate to reject a name proposed by the prime minister for the chairmanship of the NAB continued until it entered the legal arena.
