Observer Report
Islamabad
The Supreme Court on Friday took suo motu notice to examine the chairman of National Accountability Bureau’s (NAB) authority to appoint director generals in the anti-graft body sans rules and regulations.
A division bench of the apex court, comprising Justice Qazi Faez Isa and Justice Mushir Alam, while issuing a written order noted that the court has been informed that DG NAB has been appointed by the chairman in exercise of power under section 25 (g) of the National Accountability Bureau Ordinance 1999, which says that for time being, chairman NAB shall not be required to consult the Federal Public Service Commission for making appointments and matters relating to the qualifications of persons for such appointments and method of their recruitment shall be in accordance with rules.
The order further notes that under the law, chairman NAB is bound to exercise his power under rules. However, the bench lamented that no such rules have been framed to date.
The court also asked NAB’s prosecutor general to satisfy the court as to whether the subordinate legislation, the mandate of the Constitution under Articles 242 read with Article 240 can be bypassed in making such appointments.
The court directed its office to prepare separate file as suo motu and fixed the matter for consideration of that point.
Since the matter is related to the interpretation of Constitution and law, the bench has also issued a notice to the attorney general for Pakistan to assist the court.
Earlier, the court held the anti-graft body responsible for delay in deciding corruption cases, observing that its investigation officers did not have the qualifications and capabilities.
