Appointment of NAB prosecutor general: Why did president put down PM’s proposal?

ISLAMABAD: The Supreme Court (SC) on Monday sought a concise statement from the federal government over the five names rejected by the president, forwarded by the prime minister, for filling the slot of prosecutor general in the National Accountability Bureau (NAB) that has been vacant since November 2017.

A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, questioned why the president rejected the summary, observing that he is bound to act upon the advice of the prime minister.

On the last hearing, the government assured the court that the new prosecutor general in NAB would soon be appointed. On Monday, however, Additional Attorney General Waqar Rana informed the court that the names sent by the chairman NAB for the appointment of the prosecutor general in the anti-graft body were returned by the president.

He informed the court that the president had rejected fives names including Justice (retd) Fasihul Mulk, Mudassar Khalid Abbassi, Syed Asghar Haider, Shah Khawar and Nasir Saeed Sheikh. After the NAB chairman, these names were recommended by the prime minister.

The law officer further appraised the court that after rejecting the five names, the president in return recommended a panel of three names including Waqar Hasan Mir, Chaudhry Mohammad Ramzan and Najeeb Faisal Chaudhry for the vacancy.

Chief Justice Mian Saqib Nisar inquired as to whether the president has the powers to reject the names, forwarded by the prime minister. Waqar Rana replied that president is bound to act upon the advice of the prime minister or cabinet as provided under Article 48 of the Constitution and at the most, the return of the summary may be treated as referring of the matter for reconsideration of advice, forwarded by the prime minister or the cabinet.

Waqar Rana, however, submitted that Under Section 8 (1) (a) of the NAB Ordinance 1999, the president is to appoint the prosecutor general with the consultation of NAB chairman. The learned law officer further submitted that previously, the summary was forwarded bythe Law and Justice Division as provided under the Rules of Business 1973 and the NAB chairman was consulted.

“The consultation, though not binding, must be meaningful and has purpose because it relates to a public office”, Waqar Rana added. Meanwhile, the court summoned Secretary Law Karamat Hussain Niazi, who came and shared a file containing the President's rejection to explain the delay in the implementation of the SC order.

The court observed that under the law the president is bound to take the PM's advice. The court noted that although the president can send files back for reconsideration, he cannot reject them.

The chief justice wondered as to how the president can reject the names recommended by the prime minister. Additional Prosecutor NAB recalled to the court that last week, the attorney general had assured the court that the new prosecutor general would be appointed in a week.

Meanwhile, the court directed the secretary law to file a concise statement over the matter and adjourned further hearing until January 24.