NAB’s two top posts fall vacant in a few weeks

ISLAMABAD: Two top most positions in the National Accountability Bureau (NAB) fall vacant in the next few weeks while the third senior office holder is on an interim bail, fighting a corruption case in a court.

At the same time, there is only one judge, having just six months left to serve, available, chairing an accountability court (AC) of Islamabad while the repatriation of the presiding officer of the other AC of the federal capital to the Lahore High Court (LHC) next month has already been ordered.

This is the state of affairs of the major anti-graft watchdog and the ACs dealing with the NAB references in Islamabad at a time when it has filed four cases against deposed Prime Minister Nawaz Sharif, his children Maryam, Hussain and Hassan and Finance Minister Senator Ishaq Dar with an AC of the capital and has also submitted an appeal to the Lahore High Court (LHC) against a Rawalpindi AC’s judgment which acquitted former president and Pakistan People’s Party (PPP) chief Asif Ali Zardari.

The only AC that will be functioning after the repatriation of the judge of another court is burdened with nearly forty references. The appointment of judges of the ACs is done by the federal government in consultation with the respective high court chief justices in whose jurisdiction these courts are located.

NAB Chairman Qamar Zaman completes his four-year tenure on October 9 this year. His term is non-extendable under the National Accountability Ordinance (NAO), 1999. As per the NAO, his replacement will be appointed by Prime Minister Shahid Khaqan Abbasi in consultation with leader of opposition in the National Assembly Khursheed Shah. Legally, they will be the principal selectors, but the de facto players to find a consensus nominee will be deposed Premier Nawaz Sharif and Zardari whether one likes it or not. It is unexpected that Abbasi and Khursheed Shah will do anything that their top leaders would not approve.

However, if the past is any guide, this key appointment will generate a lot of political controversy. This happened at the time of nomination of successive NAB chairmen. After the appointment of the NAB chief, the prosecutor general (PG) will also be named.

Under section 6 of the NAO, as and when the NAB chairman is absent or unable to perform the functions of his office due to any reason whatsoever, deputy chairman (Imtiaz Tajwar in this case) will act as the NAB chief, and in case he is absent or unable to perform the functions of the office, any NAB officer duly authorized by the NAB chairman will act as NAB chief.

Although Tajwar’s three-year tenure as the deputy chairman expires in the second half of the next year, he is facing a corruption case. On Friday, the Special Judge Central Islamabad extended his interim bail till September 20. He is accused by the Federal Investigation Agency (FIA) of Rs6.3 million corruption while serving as the acting chief of the National Database & Registration Authority (Nadra) in 2014.

Under the NAO Tajwar can’t be removed except on the ground of misconduct as defined in the Government Servants (Efficiency & Discipline) Rules, 1973). Ironically, when Tajwar had been appointed as NAB’s deputy chairman by the president in consultation with the NAB chief, the corruption charge was pending disposal against him. The third exceedingly important position of the NAB in the prosecution field that Waqas Qadeer Dar holds as the PG falls vacant on November 20 this year.

He was given this slot on the same day in 2014 for a three-year term. He had also been appointed in consultation with Qamar Zaman as required by the NAO. Under section 8, in case the PG is absent or unable to perform the functions of his office due to any reason whatsoever, any other law officer of the NAB duly authorized by the chairman will act as the PG, who, with the approval of the NAB chief, may appoint special prosecutors to conduct prosecution of cases and to appoint advocates to institute or defend cases, appeals, petitions, applications and all other matters before any court or tribunal including the high courts and Supreme Court in matters arising out of or relating to proceedings under the law.

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 back to the LHC on October 16 this year.

Previously, it was made public that the two references prepared by the NAB’s regional office in Lahore against the Sharif family will be filed in Rawalpindi’s AC while another two cases formulated by the Rawalpindi branch of the NAB will be submitted to Islamabad’s AC. However, all the four references have now been handed over to the capital’s AC for initiation of trial.