December 27, 2002	Friday	Shawwal 22, 1423

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ISLAMABAD, Dec 26: The president has amended the NAB Ordinance to provide that the NAB’s chairman would be appointed by the president in consultation with the Leader of the House and Leader of the Opposition, and not in consultation with the Chief Justice of the country.

The amendment, introduced by President Pervez Musharraf soon after the partial revival of the Constitution in his capacity as president and not chief executive, has given sweeping powers to the NAB chairman to hire any number of advisors, or consultants, at any salary.

The Supreme Court, in its verdict on the petition of Asfandyar Wali, had interpreted the NAB ordinance in such a manner that the NAB chairman should be appointed in consultation with the Chief Justice of Pakistan. The government had amended the law in the light of the SC judgment which has now been completely reversed.

The SC had interpreted the provisions of NAB in such a way that after the removal of the sitting army general as NAB chief, the post would go to a serving or retired judge. Though it was not specifically written in the SC judgment, it was so worded that it implied that the post would go to a judge. The NAB, from its inception in 1999, is headed by a serving army general.

The apex court had held that the NAB chairman shall not be removed from the office except on the grounds of removal of a judge of the SC. It was provided that the chairman shall hold office for a period of three years.

The law amended by the president stated that the present incumbent of office shall complete the period of four years from the date of his initial appointment.

The law has further amended section 7 of the NAB ordinance which provided that the deputy chairman could only be appointed a person who was or had been an officer of Pakistan army of the rank of major general or a federal government officer in BPS 21. The law also provided that wherever the word imprisonment had occurred, it should be read as rigorous imprisonment.

The amended NAB law has also added a new provision relating to “voluntary return and plea bargain.” The new section provides that any public office holder or any other person, prior to authorisation of investigation against him, voluntarily comes forward and offers to return the assets or gains acquired, the chairman NAB may accept such an offer and, after determination of the amount due from such person and its deposits with the NAB, discharge such person from his liability in respect of the matter.”