Chaudhry Nisar Ali Khan has questioned the appointment of Admiral (r) Fasih Bokhari as Chairman National Accountability Bureau (NAB) in Supreme Court of Pakistan. Ch Nisar, in his petition, said that legal procedure was not followed in the appointment of NAB chairman. Barrister Muhammad Akram Shaikh has submitted two separate applications consisted on 17 points under Article 184-3 of the Constitution. In first application the appellant has requested the court that appointment of Admiral (retd) Fasih Bokhari as NAB Chairman might be declared void ab initio, and in second application requested that the court might immediately stop him from performing the duties as chairman NAB till the decision of the case.
The appellant also said in his petition that the appointment of Fasih Bokhari is violation of Supreme Court’s four decisions. According to Chaudhry Nisar, nether President Asif Ali Zardari had meaningful consultation with him, nor with Chief Justice of the Supreme Court of Pakistan. Ch. Nisar also said in his petition that National Accountability Bureau has pending cases against President Zardari, and he is also co- chairman of his party that is why he could not appoint right persons as Chairman NAB.
The appellant has requested in his petition that court might cancel the chairman NAB’s appointment and declare the position of chairman NAB vacant. Ch. Nisar has attached the letter sent by President Asif Ali Zardari and his (Nisar’s) reply to the president with the application. According to the applicant, president should send three names for the appointment of chairman NAB not one.
Ch. Nisar said that the constitutional obligations were not fulfilled in the process of consultation, while the basic rights of the applicant have been affected by the appointment of chairman NAB. The petitioner has requested the court to stop the chairman NAB from working till the decision of the case.
The applicant has attached the references of four cases with application including Asfandyar Wali Khan, Shahid Orakzai, and former chairman NAB Didar Hussain Shah’ case, while in the application have made Federal Government through Secretary Law and Chairman NAB Fasih Bokhari party in the petition.
It is also worth mentioning here that SC had declared the appointment of Syed Didar Hussain Shah as null and void on the application of Chaudhry Nisar Ali Khan on 10th of March.