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Published 19 Apr, 2014 07:29am

SC throws out petition against NAB chief

ISLAMABAD: The country’s top court dismissed a petition filed by Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan, challenging the appointment of Qamar Zaman Chaudhry as the head of the National Accountability Bureau (NAB).

“This petition is dismissed,” Justice Nasir-ul-Mulk said on Friday, after the three-member bench had heard from all sides.

The PTI chief was represented by Hamid Khan, Aitzaz Ahsan represented Opposition Leader Syed Khurshid Shah, Khawaja Haris appeared on behalf of the federal government representative and Qamar Afzal defended the NAB chairman.

In the petition, Khan maintained that Qamar Zaman was hurriedly appointed to the post following consultations between Prime Minister Nawaz Sharif and Opposition Leader Khurshid Shah around the Eid holidays.

The fact that this appointment was readily accepted by both the ruling Pakistan Muslim League Nawaz and the Pakistan People’s Party was telling, the petition alleged. It went on to state that Qamar Zaman was one of General Zia-ul-Haq’s favourite officers and had a close relationship with Prime Minister Nawaz Sharif.

Zaman, the petition states, has had a ‘chequered’ service record and career, suggesting that he is unfit to take up this position.

In addition, the petition states, under Section 6b(i) of the National Accountability Ordinance (NAO), the president appoints the NAB chief and in the exercise of this power, he is not bound by the advice of the prime minister or his cabinet.

The attorney for Khurshid Shah, who had entered a plea asking to become a party in the case, argued that the appointment of the NAB chairman was carried out in accordance with the provisions of Section 6 of the National Accountability Ordinance, 1999, and the law as laid down by the Supreme Court.

During Friday’s proceedings, Qamar Afzal reminded the court that in the four-month period after taking office, Qamar Zaman had approved 42 corruption references against several individuals, which were now being tried in accountability courts.

Khawaja Haris said that merely accusing someone of wrongdoing was not enough and that the NAB chairman could not be removed unless the allegations were proven at the proper forum.

Khan’s petition was the third such challenge filed against the appointment of a NAB chief in recent years.

Chaudhry Nisar Ali Khan had filed, as leader of the opposition during the PPP government, two separate petitions, first challenging the appointment of former Justice Deedar Hussain Shah and then retired Admiral Fasih Bukhari as chairmen of NAB. Deedar Shah’s appointment was set aside by the SC on March 10, 2011 and Fasih Bukhari’s appointment was overturned on May 28, 2013.

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