NAB chief to retire three weeks after references are filed against Sharifs, Dar

ISLAMABAD: Some three weeks after the likely filing of four references against deposed Prime Minister Nawaz Sharif and members of his family in an accountability court, National Accountability Bureau (NAB) Chairman Qamar Zaman’s four-year term will expire, necessitating appointment of his replacement.

Meanwhile, shortly after the submission of these references, four judges of Accountability Courts (ACs) functioning in Islamabad and Rawalpindi will retire after completing their tenure of service. Of a total of six ACs, two are already without judges.

Rawalpindi has four ACs of which two do not have presiding officers. Khalid Mehmood Ranjha, who heads AC-I and was appointed on April 27, 2015, retires on October 4 this year while Raja Akhlaq Hussain, who presides over AC-III and was picked up on November 14, 2016, superannuates on October 1, 2017. The ACs II and IV are without judges.

Islamabad has two ACs. Muhammad Bashir, who chairs AC-1 and was appointed on March 13, 2015, retires on March 12, 2018 while Nisar Baig, who heads AC-II and was nominated on October 17, 2014, goes on October 16 this year. It thus becomes clear that all the judges of the ACs, which have the presiding officers, will retire in October except one whose term will exhaust in March next.

The president notifies appointment of AC judges but only on the recommendation of the central law ministry in consultation with the concerned high court chief justice as all these judicial forums are federal courts.

In its July 28 additional judgment, the Supreme Court ordered the NAB to file four references against the ousted prime minister, Maryam, Hussain, Hassan, Capt. (retd) Mohammad Safdar and Ishaq Dar in six weeks.

If the NAB tries to do the job within the given timeframe, the reference will be submitted to the accountability court by mid-September. However, since the NAB is to do the prosecution in the accountability court, it has to deeply look at all the references from all angels to see whether it will be able to successfully pursue them. However, the court order has left no room for the NAB to conclude that no references are made out against the accused.

Under the National Accountability Ordinance (NAO) 1999, Prime Minister Shahid Khaqan Abbasi and leader of opposition in the National Assembly Khursheed Shah will pick up the new chairman at this critical time when the references against the Sharif family will be heard and adjudicated.

References against Pakistan People’s Party (PPP) leaders Asif Ali Zardari and some others are already before different ACs. Every time, the two main consultees make efforts to search for an acceptable NAB chairman. But the process generates minimum controversy. The same happened in the case of Qamar Zaman, who completes his four-year tenure on October 9, 2017.

This time, it will not be a different scenario in the presence of the Pakistan Tehreek-e-Insaf (PTI). However, the premier and the opposition leader can’t be impeded from exercising their exclusive legal power. Immediately after Qamar Zaman’s retirement, the deputy chairman of the NAB will become its acting chief and will hold the office till the appointment of the new chairman.

The NAO says as and when the NAB chairman is absent or unable to perform the functions of his office due to any reason whatsoever, the deputy chairman will act in his place. The law excludes the authority of the Executive and others to summarily oust the NAB chairman.

Under the NAO, the chairman cannot be removed from his office midway since he enjoys a tenure post of four years, from which he cannot be detached except the grounds for which the superior court judges can be removed.

The PTI had raised a lot of hue and cry over Qamar Zaman’s appointment. Its strategy will be no different when the prime minister and the opposition leader will engage in this process in the next few weeks.

The PTI can be content only if its nominee is given this slot although it doesn’t have any role whatsoever under the NAO in this nomination. Previously, it had announced to challenge Qamar Zaman’s nomination in the Supreme Court. However, he has completed his tenure without any intervention, aimed at his removal.