ISLAMABAD: The ruling party in Khyber Pukhtoonkhawa Pakistan Tehreek Insaf of Imran Khan, who challenged the appointment of Qamar Zaman Chaudhry as chairman National Accountability Bureau (NAB), has allegedly appointed a civil servant in the province in violation of rules.
Aitzaz Ahsan Thursday told a three-member bench of the Supreme Court that PTI appointed Azmat Hanif Orakzai as member Right to Public Service Commission (RPSC) in violation of the KPK RPSC Rules, which say that a retired civil servant would be appointed a member of the Commission.
Aitzaz Ahsan, counsel Leader of Opposition (LoO) in the National Assembly Syed Khursheed Shah, presenting a copy of the newspaper report regarding appointment of Azmat Hanif Orakzai as member RPSC, said the ground on that PTI chairman challenged Qamar Zaman appointment has been violated by his own party in KPK, as Orakzai was appointed member RPSC before his retirement.
The bench headed by Justice Nasirul Mulk and comprising Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim was hearing Imran Khan petition against the appointment of Qamar Zaman as NAB chairman. Major (retd) Qamar Zaman, former federal interior secretary, was appointed NAB chairman on 10th October 2013 after the dismissal of Admiral (retd) Fasih Bukhari.
Aitzaz pleaded that it was wrong that the name of a civil servant could not be considered for appointment of NAB chairman before retirement, as there was no bar in law about it. Qamar Zaman was appointed NAB chairman after the retirement, he added.
The LoO lawyer argued that there were two aspects of the prime minister for the appointment of NAB chairman, first as a consultant, under Section 6 of National Accountability Ordinance (NAO) 1999, second to advice the President under Article 48 of the Constitution.
The court observed that according to NAO 1999 the chairman NAB is to be appointed by the President in consultation with the LoH and the LoO in the National Assembly, but in this case the President did not consult the opposition leader. Aitzaz pleaded that after the 18th Amendment the President has to act on the advice of the prime minister, adding the PM had consulted the LoO.
Hamid Khan, counsel for Imran Khan, asked the court either to strike down clauses ii and iii of Section 6 of NAO 1999 or the qualification of the judge should also apply to the civil servants.
Aitzaz contended that judges’ tenure is protected, while the civil servants jobs could be terminated any time. According to the law, the apex court judges could not be appointed in any public office two years of their retirement.
The bench observed that if they accept Imran Khan lawyer’s argument then they would have to strike down the law, as there was nothing in the law that the civil servant would also wait for two years after their retirement.
Justice Nasir asked the counsel that his client is an MNA, why did he not move a bill in the parliament regarding the matter.
Hamid Khan further argued that the President should have primacy in the appointment of NAB chairman. He also said the consultation should have been held with the Chief Justice of Pakistan for appointment. Hamid Khan’s other demand was that besides Leader of Opposition (LoO) other leaders of the opposition parties in the National Assembly should have been consulted.
He contended that both the LoO and LoH party leaders’ cases were in the NAB, therefore, they appointed a person, who could well serve their interest. Therefore, despite knowing that contempt of court proceedings pending against Qamar Zaman in the Supreme Court appointed him as NAB chairman.
The case is adjourned till Friday. Hamid Khan has completed his arguments.
