Admiral (r) Fasih Bokhari assumed charge as the National Accountability Bureau (NAB) chairman on Sunday, a notification issued by the accountability watchdog said. Bokhari was appointed by President Asif Ali Zardari on the advice of Prime Minister Yousaf Raza Gilani in consultation with National Assembly Opposition Leader Nisar Ali Khan.
Presidential Spokesman Farhatullah Babar said that soon after the president completed the mandatory consultative process with leaders of the house and opposition in the National Assembly, he approved Bokhari’s appointment. A notification to this effect was also issued by the Law Ministry, giving effect to the presidential approval. A Law Ministry spokesman said Bokhari’s appointment had been made under Section 6, Clause B.
The appointment had been made by the government despite reservations of the Pakistan Muslim League-Nawaz (PML-N), the largest opposition party. The controversy started when President Zardari proposed Admiral Bokhari in his letters written, under Section 6(b)(i) of the NAB Ordinance 1999, to the leader of the House and leader of the opposition for their comments. The position had been lying vacant since March 10, 2011 when the Supreme Court had disqualified former NAB chairman Justice (r) Deedar Hussain Shah from holding the post in the verdict of a writ petition filed against his appointment by Nisar.
Replying to the president’s letter, Nisar had rejected Bokhari for the post and wrote that there should be more than one nominee for the post, and Chief Justice Iftikhar Muhammed Chaudhry should also be consulted. Pakistan Muslim League-Nawaz (PML-N) Information Secretary Senator Mushahidullah had also said his party wanted an impartial person with an untainted past to be appointed to the post.
ZARDARI THANKS NISAR: Zardari on Saturday again wrote to Nisar and thanked him “for taking part in the consultative process, as mandated by the law”. He also expressed hope that the nominee “would serve the institution in the best manner”. Babar said in a statement that the president had made it clear in a letter sent to the opposition leader that Bokhari had been proposed in accordance with the provisions of the National Accountability Ordinance, 1999, the “existing law at the point of time” and that the leader of the House had also concurred to the proposal.
The president also pointed out that the opposition leader had offered no comments “on the profile and integrity of the nominee, which in fact is the material aspect of the consultation”. Babar said the president referred to clause (Ba) of Section 6 of the NAB Ordinance and said the existing provisions of law had been strictly followed and there was no deviation from the existing legislation in any manner. He said that Section 6, Clause (Ba) reads: “A person shall not be appointed as Chairman NAB unless he:-
(i) is a retired chief justice or judge or the Supreme Court, or a chief justice of a High Court; or
(ii) is a retired officer of the armed forces of Pakistan equivalent to the rank of a Lieutenant General; or
(iii) is a retired federal government officer in BPS-22 or equivalent”.
The president said the proposed nominee fell under sub-clause (ii) of Clause (Ba) of Section 6 of the aforesaid ordinance. Babar said the president rejected the suggestion of nominees’ panel.
Instead, the president informed the opposition leader that “meaningful consultation can be done even on a single person and for that purpose you are taken on board quite candidly”, Babar said. Referring to the implementation of superior court’s verdict mentioned in the letter of opposition leader, the president said a bill was already pending in parliament. “In order to implement the judgements of the superior courts referred to in your letter, a bill is proposed by the federal government and is pending in parliament wherein process of consideration of the bill by members of parliament is taking place,” the president’s letter to Nisar said.
The president also referred to various judgements of the superior courts over the issue and said there was no need for a panel. Reacting to Bokhari’s appointment as NAB chief, PML-N Senator Mushahidullah said the appointment was not according to law and democratic norms. He said further that his party would announce its strategy in this regard on Monday (today).
