ISLAMABAD: The Sup­reme Judicial Council (SJC) will take up on May 16 the Pakistan Tehreek-i-Insaf’s reference seeking removal of National Accountability Bureau (NAB) chairman Qamar Zaman Chaudhry.

The reference has been filed by PTI spokesperson Fawad Hussain Chaudhry under Article 209 of the Constitution in the light of the Supreme Court’s April 20 judgement in the Panama Papers case.

Adverse remarks were made against the NAB chairman by almost all the five judges in their separate judgements in the case. They criticised Mr Chaudhry’s failure to institute an investigation against those people whose names had surfaced in the Panama Papers leaks. Two sons of Prime Minister Nawaz Sharif were mentioned in the leaks for making investments in offshore companies.

The SJC is an apex constitutional body formed under Article 209 of the Constitution, which holds inquiries into allegations levelled against superior court judges and holders of other constitutional posts. But such inquiries are conducted in-camera since their proceedings are not open to public.

The last time a constitutional post holder was removed through the intervention of the SJC was in May 2015 when an inquiry was conducted against former auditor general of Pakistan Muhammad Akhtar Buland Rana. He was found guilty of financial impropriety and abuse of power for personal benefits and, consequently, sacked.

The SJC is also seized with a number of references against five high court judges.

Presided over by Chief Justice Mian Saqib Nisar, the SJC proceedings will commence on May 16 at 2:30pm to consider whether the reference or complaint against the NAB chairman is maintainable before the council or not.

The reference contains charges of misconduct on Mr Chaudhry’s part in terms of Section 6 (b i) and (c) of the National Accountability Ordinance 2000 read with Article 209 of the Constitution and other enabling provisions of the law and the Constitution.

The reference will be pleaded before the SJC by the PTI’s legal team, comprising Fawad Chaudhry and Faisal Hussain Chaudhry, both Supreme Court lawyers.

The reference alleges that the NAB chairman has failed to discharge his duties in accordance with law and has also been “partial, dishonest and hand in glove with the culprits” as he failed to put them on trial.

Moreover, it says, Mr Chaudhry has been naive and weak towards his mandatory duties, hence, he is liable to be removed from his office for not being law-abiding, abstemious, truthful, cautions, forbearing and wise in opinion and for being care-free and oblivious to preserve the dignity of his office.

The references says: “It has been proven beyond doubt that the NAB chairman did not act expeditiously and effectively to eradicate corruption and corrupt practices from the country. Rather he was instrumental in helping criminals and culprits in avoiding trials despite having credible and reliable evidence against the prime minister and his family members, who have been found guilty and suspect of illegal and unlawful actions, misused and abused power and involved themselves in misappropriation of all kind.”

The integrity, impartiality and honesty of Mr Chaudhry has been compromised and, therefore, it will be fair to restrain him from performing his duties as the NAB chairman, the reference says.

The apex court’s judgement in the Panama Paper case has rendered the NAB chairman disqualified from holding his post and provided lawful, cogent and plausible basis for his removal from his office by holding him guilty of being incompetent, disrespectful to the law and being unable to perform his lawful duties, it says.

The NAB chairman, by virtue of his office, can affect the fate of hundreds of inquiries, investigations or litigations, the reference says. “Any person with such a poor, dubious and murky track record can never be trusted and it will not be out of place to expect that the findings of the apex court are only the tip of the iceberg.”

Published in Dawn, April 29th, 2017