ISLAMABAD: Supreme Court (SC) has declared appointment of Justice (Retd) Deedar Hussain Shah as chairman NAB null and void and directed him to quit the office forthwith.A 3-member bench of SC led by Justice Javed Iqbal reserved the judgment for a while and then pronounced the verdict.In its short order, SC declared appointment of chairman NAB against the law and constitution and directed him to quit the office immediately.Opposition leader in National Assembly (NA) Chaudhry Nisar Ali and Shahid Orakzai had filed constitutional petitions against the induction of Deeder Hussain Shah as chairman NAB in the apex court. They had taken the plea that legal formalities with respect to consultation were not fulfilled in the appointment of chairman NAB.Akram Sheikh counsel for opposition leader had taken plea while giving arguments that consultation process with opposition leader was not completed under section 6 of NAB ordinance. Opposition leader had shown his unwillingness during telephonic call from Prime Minister (PM) with respect to appointment of Deedar Hussain Shah as chairman NAB. PM advice was also essential in this appointment and this process was also ignored. On the other hand President could not initiate any process without the advice of PM under article 48 of the constitution, he contended.The court during the course of hearing had diverted the attention of counsel for federation to this aspect that statement given by PM on the second day of the appointment of chairman NAB was available with media wherein he had said there was no binding on president to consult him in the induction of chairman NAB.The court had sought reply in this respect. The court was informed that first notification had been revoked and new notification under the advice of PM had been issued.Abdul Hafeez Pirzada, counsel for federation while giving arguments took the plea Thursday petitions filed against appointment of chairman NAB were based on assumptions therefore they were non maintainable. Fundamental rights of any one had not been affected due to appointment of Deedar Hussain Shah as chairman NAB, he added.
He said that consultation process was completed adding it was not however essential that every stance of opposition leader be accepted.He argued that case of appointment of chairman NAB was not like the case of appointment of contract employees and SC had already issued orders in this respect. Retired persons are appointed as chairman NAB, he contended.”If first notification regarding appointment of chairman NAB is declared against the law then what will be the legal position of his tenure of 4 months as chairman NAB”, Justice Asif Saeed Khosa inquired.”We leave it to the court if it accepts new notification is meant for 4 years or for 3 years and 8 months , Abdul Hafeez Pirzada said.”You made article 48 of the constitution workable in new notification but section 6 of NAB was not implemented with reference to consultation”, the learned judge asked Pirzada.Justice Jawad S Khawaja inquired from Attorney General that prosecutor general NAB had not been appointed since last September – Onlinenews
