Top NAB prosecutor reappointed through ordinance
ISLAMABAD: The Pakistan Tehreek-i-Insaf (PTI) government has issued an unprecedented two-liner ordinance to reappoint prosecutor general of the National Accountability Bureau Syed Asghar Haider for an indefinite period, drawing criticism from the opposition that claimed the person-specific ordinance had made NAB even more controversial.
The ordinance was promulgated on Feb 9 and its gazette notification was made public on Feb 15.
Mr Haider, a former judge of the Lahore High Court, was appointed NAB prosecutor general in January 2018 for a period of three years. He was removed from the LHC office for taking oath under the Provisional Constitution Order (PCO), promulgated by the then military dictator retired General Pervez Musharraf on Nov 3, 2007.
The existing NAB law clearly bars an extension in the tenure of prosecutor general. Section 8(a)(iii) of the National Accountability Ordinance (NAO) said: “The Prosecutor General Accountability shall hold office for a [non-extendable] period of three years.”
However, President Dr Arif Alvi through an ordinance amended the said provision as “the Prosecutor General Accountability shall hold office for a period of three years and shall be eligible for reappointment for a similar term or terms.”
The ordinance will lapse on June 8, 2021.
On Monday, the law ministry notified the extension in the prosecutor general term. The notification stated: “The President of Islamic Republic of Pakistan, in consultation with the Chairman, National Accountability Bureau (NAB), has been pleased to reappoint Justice (R) Syed Asghar Haider as Prosecutor General Accountability NAB, for another term of three years on the same terms and conditions and salary, with effect from the date of he assumes the charge of his office.”
While condemning the move, the opposition said the ‘person-specific’ ordinance contradicted recent judgments of the superior judiciary that highlighted a number of weaknesses in NAB prosecution.
Commenting upon the extension, Pakistan Muslim League-Nawaz (PML-N) leader Mohsin Nawaz Ranjha termed the move “alarming”, saying that the PTI government had made NAB more controversial by extending the term of the prosecutor general through a person-specific ordinance.
He said the law could be promulgated only in public interest, not in the interest of any specific person. The Supreme Court as well as high courts in their recent judgments had pointed out a number of loopholes in NAB’s prosecution and even observed that the bureau was being used as a “tool for political engineering”, he recalled, adding that in such a circumstances, giving extension to the NAB’s prosecutor general was tantamount to contempt of court.
Strangely enough, the PTI government issued yet another ordinance at a time when the Islamabad High Court (IHC) had partly heard the case related to the President’s powers to issue excessive ordinances to run the government affairs, he said.
NAB’s spokesperson Nawazish Ali Asim could not be contacted despite repeated attempts. A senior NAB official, however, on condition of anonymity said NAB chairman retired Justice Javed Iqbal had recommended his extension as Mr Haider possessed rich experience in prosecution of white-color crimes besides vast judicial experience.
Published in Dawn, February 16th, 2021
