NAB chief’s posting another violation: CJ

By Sohail Khan

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Wednesday termed the recent appointment of Chairman National Accountability Bureau (NAB) Justice (retd) Deedar Hussain Shah as another violation of the court's verdict.

"I am using the word carefully. This is another departure," the chief justice remarked while heading a 17-member larger bench of the apex court hearing non-implementation of the court's verdict against the National Reconciliation Ordinance (NRO) and the Federation's review plea.

The chief justice said prima facie, another violation had been made as NAB Chairman Deedar Hussain Shah was not appointed in the light of Asfandyar Wali's case, wherein it was held by the apex court that consultation with the chief justice was vital for the appointment of the NAB chairman.

The chief justice directed Attorney General Maulvi Anwarul Haq to explain to the court the appointment of NAB chairman on the next date of hearing. The court also questioned the appointment of Adnan Khwaja, an NRO beneficiary, as MD OGDCL. It asked Secretary Establishment Ismael Qureshi as to who was responsible for Khwaja's appointment. The secretary Establishment replied that his appointment was made on the verbal orders of the Prime Minister's House.

What was the qualification of Adnan Khwaja, Justice Ramday posed a question to the AG. Intermediate, replied the AG. How could a person not highly qualified be appointed as MD OGDCL?

The court further asked as to whether or not bio-data of Adnan Khwaja was collected at the time of his appointment. "His bio-data was not available," the secretary Establishment replied, adding they thought that consultation might have been held between the prime minister and the Ministry of Petroleum over the appointment.

The court observed that the government had destroyed the whole service structure just for the sake of favouritism and nepotism. "The whole service structure and the rule of law has been destroyed," Justice Raja Fayyaz Ahmed remarked adding as to why the Federation was bent upon embarrassing itself.

"There was a problem of unemployment in the country but merit had to be maintained while giving such a lucrative post," Justice Javed Iqbal observed.

"You have to give reason and pinpoint us the responsible person so that we issue a notice to him," the CJP told the AG. The court, while taking up the matter of another NAB beneficiary Ahmed Riaz Sheikh, issued contempt of court notice to Additional Secretary Interior Raja Ahsan.

The court held that after the verdict of the court, declaring the NRO as void ab-initio why Ahmed Riaz Sheikh was promoted from deputy director to additional director general (Economic Crimes Wing), FIA.

Prima facie additional secretary interior was responsible and a contempt of court notice was issued to him, the CJ said. Ahmed Riaz Sheikh was sentenced under the NAB law to 14 years' rigorous imprisonment and dismissed from service in 2002. Later, he was reinstated after he claimed benefit of the NRO promulgated in 2008.

Afterwards, he was promoted as additional director general of FIA's Economic Crimes Wing along with back benefits even after the NRO was declared illegal. The bench expressed dissatisfaction over the NAB's report on the implementation of the court's verdict against the NRO.

The chief justice said that secretary Establishment was responsible for not implementing the court's order in letter and spirit. "We are here to save the system for which sacrifices had been made," the CJ said.

Justice Javed Iqbal remarked that they were here to save the system but one could not say anything when the system itself was bent upon committing suicide. The court allowed Sardar Latif Khosa to represent the Federation in its review petition against the NRO after Khosa, on the court's direction, filed an application under Rule 6 of Order XXVI of the Supreme Court Rules, 1980 for substitution of Kamal Azfar to plead the case in the court.

The court directed Latif Khosa to inform the Pakistan Bar Council about relinquishing the job of adviser to prime minister on Information Technology and his appointment as counsel in the Federation review petition against the National Reconciliation Ordinance (NRO).

The court expressed dissatisfaction over the NAB report submitted the other day over the implementation of its judgment of December 16, 2009 against the NRO. It directed the chairman NAB to submit a fresh report on the implementation of its verdict on the NRO with documentary evidences, besides providing a list of the prisoners released by the accountability courts.

The court adjourned the hearing till the first week of November, announcing that hearing would be fixed on the availability of the bench.

Earlier, at the start of hearing of the case, the Federation's counsel, Sardar Latif Khosa, appearing before the larger bench, was told that he could not represent the Federation in the review petition against the NRO and ruled that an application will have to be moved in the apex court as required under Rule 6 of Order XXVI of the Supreme Court Rules, 1980.

The chief justice asked Khosa that he will have to move an application for replacing Kamal Azfar. Latif Khosa replied that he was quite aware of the procedure but as he was asked late in the night to represent the Federation in the case, therefore, he could not file the application at the earliest and would do so as required by the law.

Khosa, while defending the government, submitted that the government's move was not aimed at delaying tactics and such an impression being created bears no fact.

"You should implement the court order in letter and spirit and tell us where the Swiss money went, it is not enough to express ignorance," Chief Justice Iftikhar Muhammad Chaudhry asked Khosa.

"You should also look into as to who were responsible for not implementing the court order," Justice Raja Fayyaz told Khosa. Justice Javed Iqbal asked the Federation's counsel to read out the whole judgment of the court on the NRO and take it into consideration.

Latif Khosa replied that the government was sincere in implementing the court's order and said the prime minister had called the list of people whose cases were withdrawn. "You are not entitled to represent the Federation in the case, provided the court allows you to do so," Justice Jawad S Khwaja told Khosa.

Justice Khalilur Rehman Ramday observed that a person who does not know about the Punjab had been appointed as Adviser to Prime Minister on National Disaster Management Authority (NDMA) "while you Mr Khosa, who belongs to the Punjab but was not appointed as adviser to PM on NDMA and instead hired to plead the case here."

"I was vying for returning to the legal profession and my condition remained like a fish which became critical while out of the water," Latif Khosa replied adding that he wanted to be among his legal friends.

"Then the whole game was played to link you with us," Justice Ramday asked Khosa adding had he taken assurance from the government that he would be reappointed as adviser to the prime minister if the court may reject his application for representing the Federation?

Deputy Prosecutor General NAB Muhammad Akbar Tarar appeared before the court and read out the NAB report in the court, stating that they had no clue to the Swiss money. "We had asked for implementation of the court judgment but nothing has been done so far," Justice Javed Iqbal observed.

"Every lawyer appeared in the court, pledged to implement the court order but later they appeared helpless," Justice Muhammad Sair Ali observed. The Chief Justice told Attorney General Maulvi Anwarul Haq that the NAB report was not satisfactory.

NAB's Additional Prosecutor General informed the court that nothing was available in the NAB headquarters except letters written by former AG Malik Qayyum to Swiss authorities to abandon the cases there.

He said there was no record of the cases which were removed on the basis of the NRO and Malik Qayyum had just written to the Swiss authorities to abandon the cases there. "You should come with full preparation as your reply is not satisfactory and you must come with full evidence," the chief justice told the NAB's additional prosecutor general.

Justice Khalilur Rehman Ramday asked the NAB additional prosecutor general to download the court's judgment on the NRO from the Internet and come fully prepared. Other members of the bench included Justice Javed Iqbal, Justice Shakirullah Jan, Justice Tasadduq Hussain Jilani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice MA Shahid Siddiqui, Justice Jawwad S Khawja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Rahmat Hussain Jaffery, Justice Tariq Pervaiz, Justice Saqib Nisar, Justice Asif Saeed Khosa, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday.