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Wednesday August 17, 2022

IHC dismisses plea seeking CJP’s role in appointment of NAB chairman

Justice Minallah says the appointment of the NAB chairman is the prerogative of the parliament

June 07, 2022
Islamabad High Court. — IHC website
Islamabad High Court. — IHC website

ISLAMABAD: The Islamabad High Court (IHC) Tuesday rejected a petition seeking the chief justice of Pakistan’s role in the appointment of the chairman National Accountability Bureau (NAB).

On June 4, a citizen, Muhammad Fahad, moved the IHC against the appointment of the NAB chairman without the consultation of the CJP.

In his petition, he said that after the SC’s ruling, it is mandatory to consult the CJP before the appointment of the NAB chairman and the president is bound to take approval from the top judge before the appointment.

In addition to this, the plea sought the court’s orders to bar the government from making the appointment without taking prior approval from the chief justice.

IHC Chief Justice Athar Minallah Minallah took up the plea today. After hearing arguments on the application, Justice Minallah declared the plea inadmissible.

“This court cannot dictate the parliament,” remarked Justice Minallah. He maintained that the appointment of the NAB chairman is the prerogative of the parliament.

Responding to the SC verdict’s reference mentioned in the petition, the judge said it was an “observation” of the SC. The judge said that the apex court gave numerous verdicts after the observation.

CJP advises govt to be 'careful' in NAB chairman's appointment

On June 3, Chief Justice Umar Ata Bandial said one should not be influenced by the opinion of anyone outside the system over the appointment of the NAB chairman.

During a hearing on the suo motu notice on the "apprehension of persons in authority undermining the criminal justice system", CJP Bandial had advised the Attorney-General of Pakistan (AGP) Ashtar Ausaf to carefully consider the appointment of the NAB chairman.

The CJP had advised the AGP that the NAB chief should be a competent and trustworthy person, and therefore, his appointment should be made with "careful consideration".