Govt files review petition in SC

ISLAMABAD The federal government on Saturday filed a review petition against the Supreme Court judgment that declared the appointment of Justice (retd) Deedar Hussain Shah as chairman National Accountability Bureau (NAB) illegitimate. Abdul Hafeez Pirzada, who filed the petition, prayed to the court to graciously accept the instant review petition by revisiting, reviewing, reconsidering and recalling its short order/judgment passed on March 10 in constitutional petitions filed by Ch Nisar Ali Khan, Opposition Leader in the National Assembly, and Shahid Orakzai, and dismiss them. The counsel stated in the petition that without a categorical finding on this issue the short order (of the SC) and the judgment couldnt, in law and under the Constitution, be deemed a valid judgment. He said the apex court did not comment on Justice (retd) Deedars first appointment. He further prayed to the SC to remove the content against the Law Ministry from the verdict. The Supreme Court had disqualified Deedars appointment as NAB chairman, saying he was disqualified due to the Law Ministry, as the ministry had reissued a notification for his appointment and he could not be appointed as the NAB chairman again. It was submitted that by no stretch of imagination or logic the appointment(s) of Justice (retd) Deedar be considered as two separate appointments in the eye of law. The counsel stated that an advice was tendered by the Prime Minister to the President who had accepted the advice and appointed Justice (retd) Deedar as Chairman NAB. The counsel said: The core issue and the crux of the matter in both the petitions and the prayers made therein were the constitutionality, legality and vires of the appointment dated October 7, 2010 and the notification issued on October 8, 2010 of Justice (retd) Deedar appointment. But the Court by a conscious decision, declined to consider and adjudicate the said issue. On March 10, the apex court ruled the appointment illegal and had ordered Justice (retd) Deedar to immediately relinquish the office. The verdict by a three-judge bench directed the NAB chairman to immediately leave the office he assumed five months ago after another legal row in which the court had ordered the removal of his predecessor. Justice (retd) Deedar was appointed NAB chief on October 8 last year after his predecessor Naveed Ahsan was removed under a Dec 16, 2009, Supreme Court ruling that held the controversial National Reconciliation Ordinance (NRO) as unconstitutional, ordered the government to revive all cases withdrawn under the ordinance and expressed displeasure over the perceived lack of proper and honest assistance and suggested the appointment of a new chairman.

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