ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar on Monday questioned as to how the president could reject the prime minister’s recommendation after a Supreme Court bench was informed that President Mamnoon Hussain had turned down all the five names proposed by the National Accountability Bureau (NAB) chairman and forwarded by the law ministry for the appointment of a NAB prosecutor general.

“How can the president reject the names recommended by the prime minister?” Chief Justice Nisar asked when the SC bench was informed that the summary containing the names of five former judges had been forwarded by the law ministry to the prime minister and subsequently tabled before the president.

Law Secretary Karamat Hussain Niazi informed the court that President Hussain instead of approving the summary nominated three other persons for the position. The court observed that under Article 48 (1) of the Constitution, “the President shall act [on and] in accordance with the advice of the Cabinet [or the Prime Minister]”.

The SC bench, headed by CJP Nisar, was hearing the suo motu case of the appointment of NAB prosecutor general as well as the judges of special courts and tribunals in the federal capital and in the provinces.

SC told Mamnoon dismissed names of all five nominees for post of NAB prosecutor general

NAB chairman retired Justice Javed Iqbal had proposed the names of five former judges including retired Justices Fasih-ul-Mulk, Nasir Saeed Sheikh and Asghar Haider. The other two nominees Shah Khawar and Mudassir Khalid Abbasi were also the additional judges of the Lahore High Court (LHC), but their service was not confirmed by the judicial commission of Pakistan after the expiry of one-year term in office.

The three names recommended by President Hussain were former vice chairman of Pakistan Bar Council (PBC) Mohammad Ram­zan Chaudhry, Waqar Hasan Mir and Malik Faisal Najeeb, the SC bench was informed.

Additional attorney general Mohammad Waqar Rana told the bench that the NAB chairman did not agree upon the nominees of President Hussain.

Upon a court query, Mr Rana said that as per the National Accountability Ordinance (NAO) 1999, “The President of Pakistan, in consultation with the NAB chairman may appoint any person, who is qualified to be appointed as Judge of the Supreme Court, as Prosecutor General Accountability.”

Mr Rana said that the law ministry in the past moved the summary for the appointment of NAB prosecutor general and it used to land in the Presidency through the office of the Prime Minister. In 2014, for the first time the then NAB chairman Qamar Zaman Chaudhry initiated the summary for the said position, he added.

The court asked the law ministry to submit a concise statement on this issue and adjourned the proceedings till Wednesday.

The position of NAB prosecutor general fell vacant on Nov 23, 2017, after the expiry of the contract of Waqar Qadeer Dar.

Published in Dawn, January 23rd, 2018