National Assembly (NA) opposition leader and Pakistan People’s Party Parliamentarians (PPPP) member, Syed Khurshid Shah, on Friday nominated Justice (r) Mian Mohammad Ajmal for the slot of National Accountability Bureau (NAB) chairman.
Pakistan Tehreek-e-Insaf (PTI) Secretary Information Dr Shireen Mazari said Shah had not consulted her party for the nomination of Justice (r) Ajmal, alleging that the decision was arranged between Prime Minister (PM) Nawaz Sharif and Shah.
The PTI has long claimed that the PPP and Pakistan Muslim League-Nawaz (PML-N) have struck a secret deal and that the PTI leaders have been ignored by the opposition leader while making major decisions.
The post of NAB chairman has been vacant since May 28 after a Supreme Court (SC) bench, headed by Chief Justice Iftikhar Mohammad Chaudhry, dismissed former NAB chairman Fasih Bokhari.
Justice (r) Ajmal’s nomination was made during a meeting between the PM and Shah at the PM Office.
Following the meeting, Shah said that the prime minister did not propose any name for the NAB chairman. He said that the prime minister and opposition leader would meet again on Saturday and it is expected that a consensus will be made on the appointment of NAB chairman.
A source told Pakistan Today that the prime minister has sought comments from the Law Ministry over appointment of the nominee.
According to the source, “The prime minister wants to resolve the matter quickly due to the SC’s orders and this is why he did not make any nomination in this regard. He is likely to accept the proposal made by Shah if there is no legal hitch.”
Justice (r) Ajmal is a Peshawar High Court (PHC) former chief justice and a former judge of the SC. He was nominated by the Awami National Party (ANP) leadership for the post of chief election commissioner in 2012 and is considered close to ANP Chairman Asfandyar Wali Khan. However, his name was rejected by the then PM and PPP Senior Vice Chairman Yousuf Raza Gilani.
Apparently, the nomination of Justice Ajmal is in violation of the National Judicial Policy 2009 which, in order to ensure and maintain independence of the judiciary, clearly indicates that superior court judges shall not accept appointments which are lower to their status and dignity.
Clause 2 of the Independence of Judiciary chapter of the policy states:
“No retired judge of the superior court shall accept an appointment which is lower to his status and dignity…”
However, noted legal wizard SM Zafar said, “In its judgment in Asfandyar Wali case, the court had termed the office of NAB chief as important, stating that this agency had quasi judicial powers. In my opinion, the nomination of Justice Ajmal is not a violation of the judicial policy.”
He agreed that the actions of the NAB chairman may be questioned by the SC but added that the court may also question any decision made by PM and federal cabinet and may summon them to court.
Muttahida Qaumi Movement Spokesman Wasay Jalil said Shah did not consult his party over the appointment of NAB chairman.