Only president can move SJC against NAB chief

ISLAMABAD: The parliament lacks the power to directly strip National Accountability Bureau (NAB) Chairman Justice (retd) Javed Iqbal off his office for his bloomer, ordering inquiry into a chatter relating to transfer of $4.9bn by ousted Prime Minister Nawaz Sharif to India, but may verbally severely pummel him on this count.

A NAB chief enjoys “protection” from removal by the president of Pakistan or the government except on the “grounds” of ouster of a Supreme Court judge, senior lawyer Raja Amir Abbas told The News when contacted.

Under the Constitution, President Mamnoon Hussain is empowered to send a reference to the Supreme Judicial Council (SJC) for removal of the NAB chairman for being guilty of misconduct.

There are only two grounds for expulsion of the NAB chief only if both or either of them is accepted as valid by the SJC. He is physical or mental incapable to perform his functions or has committed misconduct.

Raja Amir Abbas pointed out that two NAB chairman - Admiral (retd) Fasih Bokhari and Justice (retd) Deedar Hussain - had to go because of the Supreme Court decisions or directions. Deedar Shah was ousted on a petition by then leader of the opposition in the National Assembly (Chaudhry Nisar Ali Khan), who pleaded that the prime minister had not done meaningful consultations for the appointment.

“There is no individual or institution to punish a NAB chairman for his actions like the ordering of the present inquiry against deposed prime minister,” the lawyer said, adding that in the present case an aggrieved party can go to a high court agitating that the probe be quashed for being baseless and false.

Prime Minister Shahid Khakan Abbasi was disturbed over Javed Iqbal’s action and asked the National Assembly to constitute a committee which would summon the NAB chairman and investigate the allegations. The NAB overstepped its domain; Pakistan will not function if institutions will work in this way; the Lower House of Parliament still has time to amend the NAB laws; based on the manner in which Nawaz Sharif has been brought before the accountability court, he did not believe that the NAB would be able to provide justice to him; prerequisites of justice should be met in all matters; not only should justice be done, it must also be seen being done; and the NAB should play its due role against corruption and fulfill the requirements of justice, he said.

The opposition especially the Pakistan Tehreek-e-Insaf (PTI) instantly shot down the proposal, lauding the "good work" being done by the NAB chairman.

Section 6 of the National Accountability Ordinance (NAO) deals with the removal of the NAB chairman and says he shall not be taken away except on the grounds of removal of a Supreme Court judge.

Article 209 of the Constitution specifies the procedure for the expulsion of superior court judges by the SJC, which comprises the apex court chief justice, its two next most senior judges and two most senior chief justices of the high courts.

It says if, upon any matter inquired into by the SJC, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and its report to the President shall be expressed in terms of the view of the majority. If, on information from any source, the SJC or the President is of the opinion that a judge of the Supreme Court or of a high court may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or may have been guilty of misconduct, the President shall direct the SJC to, or the SJC may, on its own motion, inquire into the matter.

If, after inquiring into the matter, the SJC reports to the President that it is of the opinion that the judge is incapable of performing the duties of his office or has been guilty of misconduct, and that he should be removed from office, the President may remove him from office. The judge shall not be removed from office except as provided by this article.

Almost all the NAB chairmen had been controversial and were frequently battered by political parties or the Supreme Court, accusing them of carrying out biased accountability, targeting or favouring politicians.

Javed Iqbal, in his first seven months, has been often attacked by the Sharif brothers, the Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP). He is mainly focusing on Punjab painting the provincial government as the most corrupt contrary to the popular perception that it is much better than its counterparts in Sindh, Khyber Pakhtunkhwa and Balochistan.

A day before ordering inquiry into $4.9bn allegation, the NAB chairman awarded a cash prize to a security guard for blocking the bid of a NAB official to stealthily take away files relating to the cases against the Sharif brothers from its office. However, the officer who committed the crime was not identified while the photograph of the security guard receiving award from Javed Iqbal was publicly released.