Appointment of NAB acting chief challenged

ISLAMABAD On the objections raised by the counsel for the Bank of Punjab against the appointment of top NAB officials, the Supreme Court, Friday, issued notices to Secretary Law, Acting Chairman NAB, Javed Qazi and Prosecutor General NAB, Irfan Qadir to appear before the court on July 6. Khwaja Haris, counsel for BoP, in his written application, requested that the NAB Chairman should be appointed with immediate effect and, similarly the appointment of Irfan Qadir as Prosecutor General Accountability should be de-notified and a new Prosecutor General Accountability should be appointed with immediate effect as otherwise thousands of inquiries, investigations and cases pending under NAB Ordinance, 1999, shall stand compromised. He said that the appointment of Irfan Qadir was malafide as he, along with the Law Minister, had been accused of taking money for collateral purposes in Haris Steel case, and this case is presently under investigation with NAB which is functioning under the Ministry of Law and whose Chief Prosecutor is supposed to be Irfan Qadir. He held that the provisions of the NAB Ordinance, 1999 did not empower the Deputy Chairman NAB to act as the Chairman NAB in the event of the post of Chairman NAB itself being vacant. The only 2 conditions under which the Deputy Chairman NAB can act as the Chairman NAB is where the Chairman NAB is either absent or he is unable to perform his functions. He further argued that Mr Irfan Qadir had already served as the Prosecutor General Accountability for three years during the period 04-12-2003 to 03-12-2006. According to section 8 (a) of NAO, 1999, it is stipulated that the Prosecutor General Accountability shall hold office for a non-extendable period of 3 years. He pleaded that in view of the legal position because of non appointment of the Chairman NAB and the illegal appointment of Irfan Qadir as Prosecutor General Accountability, the investigation etc. pertaining to the criminal cases being inquired into, investigated, tried or prosecuted by NAB under the provisions of the NAO, 1999, shall be severally compromised as actions, power and authority to be exercised by these two most important officials shall be legally defective and therefore, of no consequences whatsoever.

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