The PML(N)’s rejection of the government’s new nominee for the post of Chairman NAB was a foregone conclusion. But the proposal was shot down on technical grounds rather than bringing Admiral (retd) Fasih Bokhari’s integrity into question as had been the case with Justice (retd) Deeedar Hussain Shah’s nomination in March.
The decision was conveyed to President Zardari by Leader of the Opposition Ch Nisar Ali Khan through a letter in response to the one he received from the presidency seeking his consent for the proposed appointment. Before sending in the reply, the League leadership decided to raise objection only to the procedure followed for filling the vacant slot.
Ch Nisar had a point in that the president’s unilateral decision was conveyed to him as information and could not be described as ‘meaningful consultation’. And he also referred to various Supreme Court rulings to stress that consultation was mandatory between the government and the opposition leader for the appointment of the NAB Chairman.
The dispute arose at a time when both mainstream parties are at loggerheads on the legislation for putting in place a foolproof mechanism of accountability. The major disagreement between the two sides is the eligibility of the NAB Chief with the government showing reluctance to acquiesce to the opposition’s demand for appointing a serving judge of the superior courts to the position. But by nominating a retired admiral, the government seems to have violated its own commitment of filling the slot by a retired judge.
There is no doubt that the PML(N) leadership needs to demonstrate some flexibility in resolving the dispute especially when it doesn’t have any reservation about the presidential nominee for the coveted constitutional slot. At the same time, the government also has to dispel the impression that it is not interested in revitalising the accountability process and Admiral Bokhari’s name was marketed to save itself from the wrath of the judiciary.
