NAB chief recommendation triggers another PPP-N row

ISLAMABAD - The recommendation of Admiral (Retd) Fasih Bokhari for the slot of Chairman National Accountability Bureau (NAB), a controversial figure in the eyes of many, by President Asif Ali Zardari has triggered another row between the government and Opposition, which had already taken harsh stance against the rulers. The off-the-cuff comment of PML-N Information Secretary Senator Mushahidullah Khan that they want to see some non-controversial person as Chairman NAB was enough to reveal how the things would unfold in the days to come. Credible sources in the Pakistan Muslim League (Nawaz) informed TheNation that they would surely reject the fresh proposal by the government and would insist to have some non-controversial and a man of impeccable character on the slot of Chairman National Accountability Bureau (NAB). Ostensibly, the move was made in compliance with the Supreme Court of Pakistans order, which had refused to grant more time to government for filling the vacant seat of Chairman NAB, but actually it was in total negation of the SC verdict and the laid down procedure of consultation between the Leader of the House and the Leader of Opposition for this appointment. The recommendation process for the appointment of the Chairman NAB was termed as unconstitutional and in defiance to the Supreme Court of Pakistans verdict in Justice (Retd) Deeder Hussain Shahs case by the legal and constitutional experts. As per constitution the Prime Minister is to initiate the process of consultation for the appointment of the chairman NAB and after having 'meaningful input from the Leader of Opposition he should forward it to the President for final notification. But here the process was revered by the incumbent government and instead of the Prime Minister, the President of Pakistan has taken the initiative which is not only against the Constitution but also against the essence of the Supreme Court of Pakistans verdict, a constitutional expert said while commenting on the move. The Pakistan Muslim League (Nawaz), one of the key stakeholders in the appointment of the Chairman NAB, because of holding the office of Leader of Opposition in the National Assembly - the main consultee in the process - has rejected the proposal and party central Information Secretary Mushahidullah Khan expressed his reservations over the nomination. The personality of Fasih Bokhari was also controversial in many other ways as well because he was the man who along with the then Air Chief Marshal Parvaiz Mehdi Qureshi had said that they were not consulted before the launch of Kargil operation and both of them had demanded constitution of a commission to probe into the Kargil operation. He also demanded court martial of the then Army Chief Gen Pervez Musharraf for dislodging the politically elected government of Mian Nawaz Shairf. Legal and constitutional experts said that after the passage of the 18th Constitutional Amendment and in the light of the Supreme Courts verdict in Deeder Hussain Shah case the role of President of Pakistan in the appointment of Chairman NAB was reduced to ceremonial nature and he is just to notify the name forwarded to him by Prime Minister after having meaningful consultation with the Leader of Opposition. It is pertinent to mention here that appointment of Chairman NAB has been entangled in controversy since the resignation of Naveed Ahsan as Chairman NAB in the light of the Supreme Courts verdict in the NRO case. The government had sent the name of Justice (Retd) Mukhtar Junejo for consultation to Leader of Opposition Ch Nisar but he rejected the name with the plea that Justice(Retd) Mukhtar Junejo is too old to take up such a hectic assignment and some other nomination should be made. Next time the Prime Minister has sent the name of Justice (Retd) Deedar Hussain Shah but Ch Nisar again rejected the nomination because of his close allegiance with PPP because he had been twice elected as member of Sindh Assembly on PPP ticket. But overruling the objection PPP had appointed Deedar Hussain Shah as Chairman NAB, which was challenged by Leader of Opposition Ch Nisar in the apex court and the court had upheld the plea of Leader of Opposition and directed the government to have 'meaningful consultation with him for the appointment of Chairman NAB. The court further directed in its verdict in Deedar Hussain Shah case that in case of deadlock between Leader of House and Leader of Opposition in the appointment of Chairman NAB the Chief Justice of Pakistan might intervene to settle the matter and in a way once again carved out apex court Chief Justices role in it, which was voluntarily withdrawn by the apex court while handing down judgement in Asfandyar Wali versus State case in 2001.

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