ISLAMABAD           -      The Supreme Court of Pakistan Friday took suo moto notice of the Chairman National Accountability Bureau (NAB)’s powers to recruit persons in the NAB without framing the rules.

A two-member bench of the apex court comprising Justice Mushir Alam and Justice Qazi Faez Isa took suo moto notice of the chairman’s powers in the written order of the bail application of Muhammad Nadeem saying that he could exercise powers for appointments in the manner prescribed in the National Accountability Ordinance (NAO), 1999.

It stated that the Section 28(g) of NAO read; “Notwithstanding anything to contrary contained herein, or in any law for the time being in force, the Chairman NAB, shall not be required to consult the Federal Public Service Commission for making appointments and in matter relating to qualifications of persons for such appointments and methods of their recruitment and the qualification for appointments and methods of recruitment shall be such as he may by rules prescribe.”

The court noted that clause (g) of Section 28 should be read with the Section 34 of the Ordinance, 1999, revealed that prima facie such powers were to be exercised in the manner as provided for under the Ordinance 1999. It stated that as the NAB law its Chairman was required to make rules for carrying out the purposes of the Ordinance 1999, but such rules had not been made till date.

The court directed Prosecutor General NAB to satisfy the court that whether under the subordinate legislation, the mandate of the Article 242 read with Article 240 of Constitution could be bypassed in making appointments.

The bench directed the SC office to prepare separate file as suo moto case and fix the same for consideration of the point noted.