The Balochistan High Court on Thursday sought the federal government’s reply in response to a public interest litigation petition, challenging the presidential ordinance for rehiring the services of Syed Asghar Haider as prosecutor general of the top anti-graft body for another three years.
Invoking the jurisdiction of the Balochistan High Court (BHC), the petitioner Ghulam Abbas Mondoq has made President of Pakistan Dr Arif Alivi, federal secretaries of law and cabinet divisions, chairman National Accountability Bureau (NAB) and Prosecutor General (PG) of the Bureau Syed Asghar Haider as respondents in the petition.
Appearing on behalf of his client before a Division Bench of the BHC’s Chief Justice Jamal Khan Mandokhail and Justice Muhammad Kamran Khan Molakhail on Thursday Advocate Kashif Kakar Panezai contended that re-appointment of Mr. Haider is consequence of the recently promulgated ‘National Accountability (Amendment) Ordinance 2021 in violation of the constitutional provisions. Copy of the order available with TLTP, according to which Advocate Panezai argued, “President of Pakistan has promulgated an Ordinance called the National Accountability (Amendment) Ordinance 2021 on February 09,2021, despite the fact that the National Assembly was in session”.
Advocate Panezai further contended that besides there were no circumstances necessary for immediate action for promulgation of the Ordinance saying therefore under such circumstances, the Ordinance is contrary to the Article 89 of the Constitution. He argued that the Ordinance has been issued without consultation of the federal cabinet which he termed as contrary to the Article 48 of the Constitution.
During the course of hearing while substantiating his claim, Advocate Panezai cited top court and Islamabad High Court verdicts saying Section 8 the NAB Ordinance 1999 forbids appointment of the same PG for a second time.
Opposing the re-appointment of the same PG for second term against the slot, Advocate Panezai termed the ordinance and the notification of February 15,2021 to rehire services of Syed Asghar Haider as PG of the NAB against the wisdom of legislature and in violation of the constitutional provisions. He further contended that the practice was also against the basic provisions of the NAB Ordinance 1999.
The Division Bench order noted, “The learned counsel stated that the President of Pakistan did not follow the guidelines for promulgation of the Ordinance as has been held by the Hon’ble Islamabad High Court reposted in PLD 2020 Islamabad 130, therefore, it is a mis-exercise of jurisdiction”. After hearing arguments of the Advocate Panezai, the Division Bench issued notices to all the respondents and adjourned the matter for 10 days.