NAB chairman has failed in discharging duties

PTI reference in SJC

ISLAMABAD: Pakistan Tehreek-e-Insaaf (PTI) on Monday requested the Supreme Judicial Council (SJC) to restrain the National Accountability Bureau (NAB) Chairman Qamar Zaman Chaudhry from performing his duties for being dishonest to his legal obligations.

The PTI, while invoking the Supreme Judicial Council (SJC) jurisdiction, filed a complaint/reference under Article209 of the Constitution against the head of anti-graft body, praying for his removal from the slot on the grounds that his neutrality and impartiality was in question.

Filed through advocate Fawad Hussain Chaudhry, spokesperson for the PTI, the Supreme Judicial Council was requested to restrain the NAB chairman from continuing his office till disposal of the reference in hand.

Last week, a five-member larger bench of the apex court while issuing verdict in the PanamaLeaks case ruled that NAB chairman appeared to be indifferent and even unwilling to perform his part.

It was one of the major reasons that majority of the judges of the bench ruled that such response from the head of the top anti-graft body had constrained them to look elsewhere to constitute a Joint Investigation Team (JIT) to probe the matter.

The complainant submitted that Justice Azmat Saeed Sheikh, observed, in his additional note pertaining to behaviour and conduct of NAB chief, that it was extremely alarming, disturbing and worrisome and required an immediate and effective interference by this council.

The PTI contended that the observations/findings by Justice Ijazul Ahsan were also of great importance. "Justice Ijaz in a visible pain found that by a conscious, planned and pre-mediated design all important state intuitions (including NAB) have been captured, taken over and neutralised by the appointment of handpicked officers in complete disgrace of merit, honesty and integrity as these 'cronies' owe their loyalty to their masters.”

The complainant recalled that the judgment of three judges said: "In normal circumstances, such exercise could be conducted by the NAB, but when its chairman appears to be indifferent and even unwilling to perform his part, we are constrained to look elsewhere, and therefore order for constitution of Joint Investigation Team.

Similarly, the PTI in its complaint before the Supreme Judicial Council (SJC) recalled that during the proceedings of Panama case, NAB chairman was found by the apex court guilty of glaring and stunning illegalities and violations of the code of conduct.

It contended that the findings of the apex court judges in their respective notes as well as in the order of the court were such that the respondent (NAB chairman) must be stopped forthwith from dispensing his duties and also removed from the office to face the criminal proceedings for violating the law and the Constitution and for being disrespectful and dishonest to his legal obligations.

"NAB chairman has failed to discharge his duties in accordance with law as he is partial, dishonest and hand in glove with the culprits as he failed to put those on trial instead,” the PTI alleged.

It was further alleged that NAB chairman had been naïve and weak towards his mandatory duties hence he was liable to be removed forthwith from his incumbent office for not being God fearing, law abiding, abstemious, truthful, cautions, forbearing and wise in opinion, and for absolutely carefree and oblivious to preserve the dignity of his office.

The PTI submitted that being NAB Chairman Chaudhry Qamar Zaman did not act expeditiously and effectively to eradicate corruption and corrupt practices from the country but he had been instrumental to help the criminals and culprits in avoiding the trials.

It claimed that in spite of having credible and reliable evidence against the incumbent prime minister and the members of his family, who have been found guilty and suspect of illegal and unlawful actions and misused and abused power and involved themselves in misappropriation of all kind but his conduct was contradictory to his legal and constitutional duties.

The PTI stressed the SJC to initiate proceedings under Article 209 of the Constitution read with all enabling provisions of law and the Constitution against respondent NAB Chairman Chaudhry Qamar Zaman, "for misconduct, acting in a manner that is unbecoming of, NAB chairman violated the code of conduct and section 6 of the NAB Ordinance 1997 and shattered the image of NAB in the eyes of public and brought disgrace, humiliation and lowered the prestige to the office of the NAB chairman."