ISLAMABAD: While rejecting the nomination of Admiral (retd) Fasih Bokhari as NAB chairman, the Pakistan Muslim League-N has proposed the nomination of a panel of suitable candidates from which the government and the opposition could select one nominee for the post of NAB chairman after detailed consultations, reveal the contents of a letter sent by Leader of the Opposition in the National Assembly, Chaudhry Nisar Ali Khan, to President Asif Ali Zardari.
The letter was released to the media on Friday.
Chaudhry Nisar said no “meaningful” consultation had been held with the opposition and Chief Justice Iftikhar Mohammad Chaudhry before the nomination. Presidential spokesman Farhatullah Babar said the Presidency had received the letter and would take a decision on whether or not to reply in two days.
Chaudhry Nisar did not raise any direct objection to Admiral Bokhari, but rejected his nomination on “technical grounds”.The NAB has been without a chairman since the removal of Justice (retd) Deedar Hussain Shah in March this year.
“I am of the view that a panel of possible candidates should be drawn up mutually and the nominee finalised after meaningful, purposive and consensus-oriented consultation,” the opposition leader wrote in the letter.
He said: “I have repeatedly suggested (through letters dated Sept 23 and 24, 2010, to the prime minister and a letter dated March 21, 2011, by my secretary to your secretary) that a panel of possible candidates for chairman should be drawn up mutually in the first instance, which can then be discussed through a participatory consultative process to facilitate development of a consensus between the government and the opposition.
“Such consensus is a necessity in the light of the judgment dated March 10, 2011, of the august Supreme Court of Pakistan in constitutional petitions 60 and 601 of 2011 [the justice (retd) Deedar Husain Shah case] wherein it has been held that ‘the sprit of such consultation appears to be that is should aim at developing a consensus and it should manifestly be shown that a serious, sincere and genuine effort is made towards evolving a consensus because otherwise the consultation will neither be meaningful (n) or purposive nor consensus-oriented.”
The PML-N leader said the panel of possible candidates was also necessary for the purpose of consultation with the chief justice in respect of the appointment of NAB chairman as recommended by the Supreme Court in different cases, including Asfandyar Wali Khan and others versus the federation of Pakistan and others, Dr Mobashir Hassan and others versus the federation and others and the Bank of Punjab versus Haris Steel Industries and others.
He also expressed concern over the issue of qualification of NAB chairman mentioned in a bill drafted to replace the existing National Accountability Ordinance.
Chaudhry Nisar said: “One of the four major points of dispute between the government and the opposition regarding the Holders of Public Office (Accountability) Bill, which is pending before the National Assembly’s Standing Committee on Law and Justice for nearly two-and-a-half years, relates to the qualification of appointment of a chairman of the proposed National Accountability Commission.
“The government bill provides that the chairman should be a person who was, or has been, a judge of the Supreme Court or is qualified to be appointed a judge of the apex court. “PML-N’s view is that the chairman should be a serving judge of the Supreme Court. However, it is a fact that the government has proposed the appointment of a person (who is not a judge nor qualified to be a judge) is contradictory to its own position. It appears that the government has no intention to pass the new accountability law.
“Mr President, if the objective of the entire exercise is to select a nominee with impeccable reputation, integrity and credibility and unquestionable impartiality, there is no reason whatsoever for hesitation on the part of the government to engage with the opposition in a thorough, concrete and meaningful consultation.”