ISLAMABAD: The Supreme Court has dismissed a petition that sought the removal of retired Justice Javed Iqbal, the chairman of the National Accountability Bureau (NAB), from the office for initiating an inquiry — based on an unsubstantiated news article — against Nawaz Sharif on the charge of laundering $4.9 billion to India.

Following the dismissal of the petition, the filer, Noor Muhammad Awan — a local leader of the Pakistan Muslim League-Nawaz (PML-N) — told Dawn that he would lodge a complaint against the NAB chief in the Supreme Judicial Council, where objections against superior court judges and the NAB chairman could be submitted.

The Chief Justice of Pakistan (CJP) Mian Saqib Nisar agreed with the objections over the petition that had been raised by the registrar office — dismissing it entirely. The office had claimed that the petition was not valid because the petitioner had moved the Supreme Court without approaching any other appropriate forum first. The petitioner had also failed to provide any justification for doing so, the registrar office had stated in its earlier order.

The petitioner said he had requested the CJP to call the NAB chairman and ask him for the evidence that he had considered before accusing the ex-prime minister.

Mr Awan had requested the apex court in the petition filed under Article 184(3) of the Constitution that the court order the removal of NAB chairman for “damaging the reputation of a political leader (Nawaz Sharif) without any cogent material and causing reckless loss to the institution.” The petition also stated that the NAB chief was not eligible to hold office because he was not impartial, and therefore, could not execute his responsibilities with due fairness.

“The removal [of the NAB chairman] is inevitable to meet the ends of justice,” Mr Awan demanded. The Sup­reme Court on June 16 had returned the petition keeping in view the objections of the registrar office.

Mr Awan had demanded in his petition that the court remove the NAB chairman for falsely accusing Mr Sharif of laundering money — an allegation that created quite a stir, causing the National Assembly Stan­ding Committee on Law and Justice to summon the NAB chairman.

The petition had argued that after damaging the reputation of Mr Sharif without any convincing material — and, tarnishing the credibility of the accountability bureau — Mr Iqbal could no longer hold the high office.

The NAB chairman had ordered an investigation on May 8 against the ex-prime minister referring to the World Bank’s Migration and Remittance Book 2016. The next day, however, the State Bank of Pakistan categorically rejected the basis of the investigation — a month-old news article pointing to the Bank’s study published two years ago.

The petition argued that the NAB chairman had irrevocably marred the credibility of the institution, and pleaded that there was no alternative solution to the matter other than approaching the Supreme Court to set the course straight, and rebuild the nation’s trust in its institutions.

Published in Dawn, June 8th, 2018

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