ISLAMABAD
The Transparency International (TI) on Saturday joined dissenting voices against the would-be appointment of Justice (r) Rana Bhagwandas as the chief election commissioner (CEC).
TI Chairman Sohail Muzafar termed the bid as a blatant violation of the Supreme Court’s judgement in the National Reconciliation Ordinance (NRO) case.
The Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) on Friday passed a bill in the National Assembly to facilitate the appointment of Bhagwandas as the next CEC. This ‘secret alliance’ by both parties had attracted media and civil society criticism while Imran Khan-led Pakistan Tehreek-e-Insaf (PTI) has also opposed the move.
In a letter to Senate Chairman Nayyar Bukhari, Muzaffar referred to the FPSC (Amendment) Bill 2014, terming it “contradictory” to the judgement in NRO case. The letter also read that the executive and legislative limbs of the state are also constitutionally obliged to apply the powers and resources at their command, in enforcing the constitution and the rule of law without discrimination or undue favour to any person or class.
“Notwithstanding the integrity, credibility and the experience of Justice (r) Rana Bhagwandas, following facts are being highlighted for the immediate attention of the chairman and the Senate: after amendment in FPSC Act 2000, ban was imposed on an appointment of any member of the commission in any constitutional or government organization,” the letter read.
On 9 July 2013, leader of the opposition in the National Assembly Khurshid Shah had proposed the name of Bhagwandas for the NAB chairman’s office.
However, on 16 July 2013, Finance Minister Ishaq Dar informed Shah that Bhagwandas did not fulfil the mandatory criteria for holding the office as he had recently retired as the FPSC chairman.
“Dar had made it clear that the government did not have any question over the credibility and professional reputation of Justice Bhagwandas, only that some legal complications were creating hurdles in considering the retired Supreme Court judge for the position. On 16th June 2013, Khurshid Shah decided to drop the name of Justice Bhagwandas for the NAB chief slot after it was realised that the head of the commission cannot hold any other government office after retirement.”
The TI chief also referred to a report of Pakistan Today (November 28, 2013), saying that Dar and Shah had agreed to introduce amendments in laws of the FPSC paving a way for the appointment of Bhagwandas as the CEC. Directives had been issued to the Law Ministry for scraping of the legal impediments to facilitate appointment of new CEC.
Muzafar added that finally the PPP and PML-N have got the bill passed and according to which, members of the FPSC will be eligible for joining the civil service of Pakistan after retirement.
“Such ‘person specific’ law has been struck down in the NRO case, Constitutional Petition Nos 76 to 80 of 2007 and 59/2009, Judgment released on 19/1/2012 … The onus, therefore, of stabilizing the rule of law falls on and must be assumed by the executive organ of the State which also commands a majority in the legislature.”
The TI chief urged the Senate chairman to uphold the principle of rule of law and the SC judgement, arguing if Bhagwandas was ineligible for the NAB chief post, how could he be eligible for the CEC office.
