ISLAMABAD: Justice Babar Sattar of the Islamabad High Court (IHC) will take up a petition against the appointment of the National Accountability Bureau’s (NAB) director general for Lahore region on Tuesday (today).
Mohammad Iqbal, an advocate, filed the petition through Barrister Zaffarullah Khan against the appointment of Jamil Ahmed, a retired federal secretary, on a one-year contract and his subsequent posting as the chief of Lahore NAB.
The Lahore directorate of the bureau has initiated a number of inquiries and investigations against the leadership of opposition parties, including the Pakistan Muslim League-Nawaz’s president Shehbaz Sharif and vice president Maryam Nawaz.
Jamil Ahmed, a former federal secretary (BS-22), was inducted into the bureau in BS-21 about a month ago after relaxation of rules.
The petitioner contended that the government had violated the Supreme Court’s directives by relaxing the rules in favour of the officer.
He pointed out that the National Accountability Ordinance (NAO) 1999 was promulgated to establish the National Accountability Bureau, but the law and its application had been criticised by the superior judiciary, the guardian of fundamental rights.
The petition said the four-year term of retired Justice Javed Iqbal as NAB chairman had ended on Oct 11 this year, but “the President of Pakistan promulgated a much criticised and person-specific law, the National Accountability (Amendment) Ordinance, 2021, and under its amended Section 6 (b)(ii) of NAO 1999, on expiry of the period of four years and till the assumption of charge by new chairman”.
Referring to Section 28 of NAO 1999, the petition stated that it empowers the NAB chairman to make appointments “for efficient performance of the functions of the Bureau”.
According to the petition, the position of DG in any NAB region empowers him to supervise all the investigation and the rules prescribe the method of making such appointment.
During the hearing of a suo motu case in 2017, the apex court had directed the Federal Public Service Commission to initiate a process for filling vacancies in the National Accountability Bureau.
The petition alleged that the NAB chairman had appointed Jamil Ahmed as Director General (BS-21) “in connivance with secretary to the prime minister”.
Referring to the summary for the prime minister, which has been circulating on social media, the petitioner contended that it “tells a sordid story as to how the impugned appointment is made in relaxation of relevant rules…how a handpicked person is appointed on such an important post without any fair and transparent manner.”
“He took charge on the same day in Lahore as if he might already have been there waiting to take charge. Appointment of a contract employee in the most sensitive and active region of NAB in such haste smacks mala fides,” the petition went on to state.
According to the petition, the appointment is against the principle of hierarchy and discipline as a retired BS-22 officer has been posted to a BS-21 position.
“A junior officer is sometimes appointed against a post carrying a higher pay scale, but it is unheard of that an individual is working on a position which carries a grade lower than his own grade. This fact speaks for itself as to why such illegal appointment has been made,” the petition said.
Published in Dawn, December 28th, 2021