ISLAMABAD: The Supreme Court on Monday asked the federal law secretary to come up with suggestions as to what orders it can pass to break a ‘deadlock’ over the appointment of a new prosecutor general of the National Accountability Bureau (NAB).
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan was hearing a suo motu case about non-functioning tribunals and special courts across the country.
“If the government fails to find a solution to the matter on its own, the judiciary will have to intervene,” the bench observed.
Additional Attorney General Waqar Rana apprised the court that President Mamnoon Hussain had rejected five names forwarded to him by Prime Minister Shahid Khaqan Abbasi to fill the vacant slot. He said NAB chairman had sent five names to the prime minister to fill the vacancy and the premier had forwarded those names to the president, who rejected all of them.
The names rejected by the president are: Faseeh ul Mulk, Mudassir Khalid Abbasi, Syed Asghar Haider, Shah Khawar and Nasir Saeed Sheikh.
Waqar Rana told the court that the president had proposed the names of senior lawyers Waqar Hassan Mir, Chaudhry Ramzan and Najeeb Faisal Chaudhry for the top slot. He stated that all these three names had earlier been rejected by NAB Chairman Justice (r) Javed Iqbal.
The chief justice observed that the president was bound to accept the advice of the prime minister and inquired how the president can reject the names recommended by the prime minister. He said under Article 48, Section 1(a) of the constitution, the president was bound to approve any documents sent to him by the prime minister or the federal cabinet. He said although the president can send the files back to the prime minister for reconsideration, however he can’t reject them.
To a query by Justice Ijazul Ahsan that whether the president had given any reasons for rejecting the names, Waqar Rana stated that two names sent by the NAB chairman had the ages more than 65 years. He said it seemed as if the matter was heading towards a ‘deadlock’. “You have stated a big word,” the chief justice told the additional attorney general.
Meanwhile, the court summoned Law Secretary Karamat Hussain Niazi along with the record over the matter, who appeared after a while and submitted the record about president’s rejection and explained the delay in implementation of the court orders regarding the appointment of prosecutor general.
The court sought written reply from the government and adjourned the hearing till January 24.
Earlier on January 11, the chief justice had directed the government to fill all vacant positions of judges within a week.
Published in Daily Times, January 23rd 2018.
