The Supreme Court on Tuesday declared the appointment of Admiral (r) Fasih Bokhari as the National Accountability Bureau (NAB) chairman as “void”.
President Zardari had appointed Bokhari the NAB chairman on October 16, 2011.
A five-judge bench of the apex court headed by Justice Tassadduq Hussain Jilani handed down the verdict, ruling that Bokhari’s appointment to the sensitive post was “unconstitutional and unlawful”, adding that it was in violation with the section 6 of the NAB Ordinance.
The ruling moreover directed the federal government to appointment a new chairman of the accountability watchdog.
Following the court decision, Bokhari met with officers and other staff at the NAB headquarters. Bokhari said he accepted the decision but was hoping for a different outcome.
Bokhari said he had to leave NAB office as there was no choice for him after the SC decision.
The court passed the judgement on a petition filed in 2011 by PML-N member and former opposition leader Chaudhry Nisar Ali Khan challenging the appointment of Bokhari.
The petitioner had prayed that the appointment of Bokhari as the NAB chairman might be declared void ab-initio for not having been made by the president in consultation with the leader of the House (prime minister) and leader of the opposition, or the chief justice of Pakistan.
Nisar also had alleged that Bokhari’s appointment was tainted with personal motivation on part of President Asif Ali Zardari.
The petition had insisted that Zardari was not qualified to exercise power or perform function to appoint NAB chairman when he himself was an accused in more than a dozen cases of alleged corruption.
It had moreover stressed that in the appointment of NAB chairman, it was imperative to consult the chief justice to ensure the neutrality and independence of NAB, and the same was also violated.
During the course of hearing, Sardar Latif Khosa, counsel for Bokhari, argued that consultation process with the petitioner had been completed.
“The prime minister had completed the process with the opposition leader in the NA. Due to this reason, Chaudhry Nisar Ali Khan had delivered no speech in NA against the appointment of his client as the NAB chairman. President Asif Ali Zardari considered silence of Chaudhry Nisar Ali Khan as semi-consent and appointed Fasih Bokhari as the NAB chairman,” Khosa added.
Justice Asif Saeed Khosa inquired from Sardar Latif Khosa how could silence be considered willingness. “Had it happened so then the petitioner should have withdrawn his petition.”