ISLAMABAD, May 25: National Accountability Bureau (NAB) Chairman retired Admiral Fasih Bokhari submitted before the Supreme Court on Saturday that a challenge to his appointment by PML-N leader Chaudhry Nisar Ali Khan had become infructuous since the petitioner was no longer the leader of opposition in the National Assembly.
“Since the petition has become infructuous, involves no public interest…[it] is no more maintainable [and therefore] it should be dismissed forthwith,” Advocate Sardar Latif Khosa, representing the NAB chief, told Dawn.
A five-judge bench will continue the hearing on Monday.
Chaudhry Nisar had filed the petition on Oct 22, 2011, seeking a declaration that the appointment was void because it had not been made by the president in consultation with the leader of the house and the leader of opposition, nor the chief justice.
President Asif Ali Zardari had appointed Admiral Bokhari NAB chairman on Oct 16, 2011.
In his reply submitted on Saturday, the NAB chief said the criteria of consultation by the president with the prime minister and the opposition leader had been complied with in accordance with Rule 6(i) of the National Accountability Ordinance of 1999.
“The president had duly adhered to the consultative process by writing a letter to the then opposition leader before appointing Admiral Bokhari,” Sardar Khosa said, adding that the then opposition leader’s demand that the president nominate a panel of candidates for consultation was wrong.
He said the chairman could not be removed from his office midway since he enjoyed a tenure post of four-years which could not be extended and he could not be removed except under Article 209 through the Supreme Judicial Council.
The counsel said Admiral Bokhari had resigned at the time when then army chief Pervez Musharraf had imposed military rule after staging a coup, adding that his client had a meritorious career to his credit.
The petitioner had not objected to the qualification or competence of the chairman, he said.
Moreover, he said, the former opposition leader could not become a party to the process of the appointment of NAB chairman because a reference against his party’s chief was under review in NAB.
Chaudhry Nisar also said in his petition that the appointment was tainted with personal motivation on part of the president.
Chaudhry Nisar had won a favourable verdict from the court on a similar petition against the appointment of retired Justice Syed Deedar Hussain Shah’s as NAB chairman.