Nine NAB officers ought to seek retirement: SC

Says president, PM are not above the law

ISLAMABAD: The Supreme Court (SC) observed on Monday that the National Accountability Bureau (NAB)’s nine officers whose appointments were made in violation of relevant rules should opt for retirement.

The apex court observed that both the prime minister and president are not above the law and both are required to do their job in accordance with law and the Constitution. The court questioned the appointment of a sportswoman in NAB on the directive of the prime minister and asked her counsel the The court questioned the appointment of a sportswoman in NAB on the directive of the prime minister and asked her counsel the provision of law under which she was appointed in the anti-graft body.

In compliance with the court order, NAB Chairman Qamar Zaman Chaudhry appeared before the court which asked him as to whether a person with inherent disqualification could be appointed in the anti-graft body.

“We are not saying that you did this but being head of the anti-graft body if you don't have the responsibility to de-notify all those persons who did not have the prerequisite qualification for the posts”, Justice Ameer Hani Muslim asked.

A three-member bench of the apex court headed by Justice Ameer Hani Muslim heard the suo moto case regarding alleged illegalities, contraventions and violations in appointment within the NAB.

“Is prime minister above the law?” Justice Ameer Hani Muslim asked Hafiz S A Rehman, counsel for Aliya Rashid, NAB Director Awareness and Prevention Programme. Justice Hani told the learned counsel that he should consider the prime minister as a public servant adding that the prime minister did not have the power to make illegal appointments.

Hafiz S A Rehman told the court that his client Aliya Rashid who was an international reputed tennis player was appointed in the NAB on the directive of former premier Zafrullah Khan Jamali.

The court asked the provisions of law under which she was appointed. The counsel replied that sportspersons having international reputation can be appointed in Wapda, PIA, Railways and in the provincial and federal government departments on the directives of prime minister. 

“You mean the prime minister is above law”, Justice Qazi Faez Isa, another member of the bench asked Hafiz S A Rehman adding that she could be adjusted in Sports Board or made her as Secretary Sports but why in NAB which deals with investigation and inquiry.

Justice Ameer Hani Muslim suggested that chairman NAB should establish a Sports Wing in the NAB and adjust her there. “We want to encourage sports in the country, but the sportsmen/sportswomen could not become DG or Director in the NAB”, Justice Hani added.

During the course of hearing, Justice Amir Hani Muslim said that those who had inherent disqualification should opt for compulsory retirement otherwise, they would pass the order. 

Khawaja Haris, representing the NAB, informed that 689 cases of NAB employees were examined and inconsistencies were found in 133 cases, out of them 35 had retired, while the inconsistencies in the initial appointment were found in 48 cases.

Kh Haris said the promotion of four officers, Khalid Mehmood, Ansar Yaqoob, Sharif Chandio and Afshan Basharat was in accordance with law. However, the court pointed out illegalities in their promotion as well.

The NAB counsel submitted that Khalid Mehmmod, Assistant Director, was given promotion in view of the Services Tribunal judgment. He was in the Accounts and Works Department of the Punjab province. Justice Hani told him to strike down Khalid’s anti-dated promotion.

Similarly, he said that Sharif Chandio was inducted from Sindh provincial department while Afshan Basharat was inducted as she got medal in the junior championship in tennis. If she had won the medal, why she was not appointed DG in the NAB, Justice Hani asked. He said that these were issues of merit, but clarified that the apex court could not run the NAB.

The counsel said many people in the NAB were inducted from army. Justice Hani said they would not comment on it. Kh Haris said either the court should strike down the appointments made illegally or interpret the law as the NAB chairman could not travel beyond.

Malik Qayyum, counsel for one Major (R) Shehzad Saleem, Director General KP NAB submitted that his client was inducted in NAB with the consent of the then Chief of Army Staff (General Musharraf). He said that his client was qualified for the appointment in the NAB as he had done MSc in Computer Studies. The court however, noted that he was given promotion two steps up.

Likewise, Ahmed Awais, counsel for DG Multan Brig (R) Farooq Nasir Awan told the court that his client had BSc Engineering degree at the time of his appointment. He said that in the revised list prepared by Establishment Division his name had been cleared, but the NAB had included his name in the list of 48 cases wherein inconsistencies were found.

Shoaib Shaheen, appeared before the court on behalf of Major (R) Shabbir Ahmed and Syed Muhammad Husnain. He said Major (R) Shabbir joined the NAB with the approval of COAS in 2003. Justice Qazi Faez Isa however, said Major Shabbir did not possess required qualification.

The counsel replied that at the time of induction Major Shahbir was BSc, while the required qualification was MA, MSc or LLB. He, however, said that his client did MA and also LLB later on, while remaining in the NAB. Justice Qazi said, “How he had enough time to do MA and then LLB, while I like to do PhD but don’t have enough time.”

Meanwhile, the court asked NAB chairman and secretary Establishment Division to deliberate upon and decide about those NAB employees who were inducted in the Bureau in breach of its rules otherwise they would pass an order.  After that the hearing was adjourned until Tuesday (today).