Supreme Court hints at expelling ineligible NAB officers

Author: Syed Sabeehul Hussnain

ISLAMABAD: Coming down hard on the National Accountability Bureau (NAB), the Supreme Court on Wednesday hinted that officers – ineligible for and disqualified from their respective posts – would be expelled by either immediate retirement or otherwise.

A three-judge bench headed by Justice Amir Hani Muslim, during the hearing of a suo motu case over illegalities in appointments and promotions in the NAB, observed that instead of lingering on, the bureau’s structure needed repairs in the larger interest of the country.

“We want to streamline this and he who does not fulfil the criteria has to go,” observed Justice Hani. Expressing anger on the conduct of the NAB and not bringing facts before it, the top court summoned the NAB chairman in-person on the next date of hearing fixed for Monday, with directives to the counsel for the bureau, Khawaja Haris, to submit a report.

“Khawaja Haris is put to notice to go through the report and make a statement as to whether these nine officers, pointed out by the establishment secretary, did have requisite qualification on the date of their appointments or not, and whether the officers were entitled to promotions,” the top court ruled.

The top court also sought a reply from the NAB as to whether the appointments, promotions and absorptions were in conformity with the judgements of 2013 and 2015 regarding promotions and appointments in departments.

Establishment Secretary Syed Tahir Shahbaz appeared before the bench and informed that more than 1,700 cases were examined wherein some of the officers lacked basic qualification for appointments to the posts, besides issues of promotion with several inconsistencies.

He, however, did not give his own opinion as to whether these officers qualified to be retained. The court observed that a very mild language was used in the Establishment Division’s report that should not have been used.

The court also noted that there had been no inconsistency in the first batch of NAB officers, which was recruited through the Federal Public Service Commission on the posts of assistant director and investigation officer I and II.

During the course of the hearing, Khawaja Haris told the court that a committee had been formed by the NAB chairman for departmental inquires but the court’s order in the previous hearing restrained the committee from initiating any action.

“You (NAB) submitted a report and under that you did not take any action. (Did) you require any certification from us (court)?” Justice Hani snubbed the counsel for the NAB.

He further observed that the NAB had failed in what it was required to do, and added that the bureau in the first place ought to have done it but the bureau did not have the courage to respond. “Subsequently, the matter was referred to the Establishment Division.”

Justice Qazi Faez Isa, another member of the bench, observed that this was a disappointment for court that a person who was not concerned could prepare a comprehensive report overnight but the NAB was still unable to do anything.

He further observed that there was nothing in the NAB’s report, and added that it was not even categorised. He said that the bureau did not have the ability to make a report. “It is beyond understanding how the bureau is working,” Justice Isa observed.

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