Javed Iqbal to remain NAB chairman until new appointment as govt amends ordinance

• President Arif Alvi promulgates National Accountability (Amendment) Ordinance, 2021; retired Justice Javed Iqbal to continue as NAB chairman.
• Under new ordinance, the new NAB chairman will be appointed for a period of four years and his term may be extended.
• President to facilitate the consultation process for the appointment of the new chairman after PM Imran Khan refuses to consult Opposition leader Shahbaz Sharif.
  

President Arif Alvi on Wednesday promulgated the National Accountability (Amendment) Ordinance, 2021, under which NAB Chairman retired Justice Javed Iqbal will continue to serve the post until a new chairman is appointed.

The new NAB chairman will be appointed for a period of four years and his term may be extended, as per the amended ordinance.

The method followed for the appointment of the NAB chairman will be the one employed while granting an extension.

The ordinance states that the president will appoint the NAB chairman in consultation with the prime minister and the Opposition leader.

In case of a failure to reach a consensus on the appointment, the matter will be sent to a 12-member parliamentary committee formed especially for the matter of the appointment.

It also states that the NAB chairman can send his resignation to the president.

Under the new ordinance, the president has the authority to establish as many accountability courts in the country, as he deems fit.

Judges to the accountability courts will be appointed for a three-year term, the ordinance states.

The NAB law will not extend to matters pertaining to federal, provincial and local taxation after such matters were removed from under its purview.

Furthermore, decisions pertaining to the Council of Common Interests, (CCI), National Economic Council (NEC), National Finance Commission (NFC) and Executive Committee of the National Economic Council (ECNEC), besides those of Central Development Working Party (CDWP) and Provincial Development Working Party (PDWP) will also no longer fall within NAB's jurisdiction.

PM not ready to consult Opposition leader over appointment: sources

Prime Minister Imran Khan has refused to consult the leader of the opposition over the appointment of the National Accountability Bureau (NAB) chairman post, Geo News reported on Thursday.

Earlier, the federal cabinet had approved the NAB ordinance pertaining to the extension in the tenure of the NAB chairman.

Sources told Geo News the premier has however made it clear to Chaudhry and Naseem that he will not consult the Opposition leader or members of the Opposition on the matter of the NAB chairman's appointment.

Speaking on Geo News programme "Geo Pakistan", Naseem said that there was no discussion on the appointment of the NAB chairman in the federal cabinet. He said that what Chaudhry had said was about an earlier meeting.

The topic of discussing the NAB chairperson's appointment with Shahbaz Sharif came about later, Naseem said.

He said that the name of the current NAB chairman, Javed Iqbal, is also circulating for the post, but that for the time being, the current one will continue to hold the post.

This was decided in a high-level meeting chaired by Prime Minister Imran Khan a day earlier, The News reported.

Yesterday, Chaudhry said an ordinance is being brought on Wednesday (today) to do away with a legal lacuna with reference to consultation on the new NAB chairman’s appointment, in case the leader of the House or Opposition faces NAB cases.

Well-placed sources said the government will not be giving another term to Javed Iqbal through new amendments to the NAB Ordinance 1999.

It has been decided that in case the government wants to give another four-year term to Javed Iqbal or appoint a new chairman, the leader of the Opposition in the National Assembly will be consulted.

Since Prime Minister Imran Khan was reluctant to directly interact with Leader of the Opposition Shahbaz Sharif, it was decided that President Arif Alvi will facilitate the consultation process for the appointment of the new chairman.

NAB law about appointment of its chief

The NAB law states that “there shall be a Chairman NAB to be appointed by the president in consultation with the [Leader of the House and the Leader of the Opposition in the National Assembly] for a [non-extendable] period of [four] years on such terms and conditions as may be determined by the president and shall not be removed except on the grounds of removal of judge of the Supreme Court of Pakistan.”

This means that unlike what ministers say in public, the leader of the Opposition will be consulted for the appointment of a new chairman or for a second-term appointment of the incumbent NAB chief. In case the prime minister and the leader of the Opposition do not agree on any name, the case will be referred to a parliamentary committee which will have equal representation of members from the treasury and Opposition benches.

The ordinance will also clear the vagueness surrounding the forum that will have the power to remove the NAB chairman. It has been decided that the Supreme Judicial Council will be the forum that will consider any case or reference about the misconduct of the NAB chairman.

In last week's meeting, it was discussed to curtail the chairman’s unfettered power to arrest any accused. However, in the final meeting held on the subject on Tuesday, the government decided not to bring any amendments to the powers of the NAB chairman and instead empower the accountability court to release the accused on bail where the court is satisfied.

'We condemn this black law'

Responding to the development, PML-N spokesperson Marriyum Aurangzeb said her party condemned the "black law" and it would put up a resistance against it.

"PML-N completely rejects this ordinance as it is based on malafide intentions [...] the ordinance has been promulgated to forward the government's agenda of political revenge," the spokesperson said in a statement.

Aurangzeb warned the ordinance would lead to anarchy and chaos in the country, as she vowed that PML-N would challenge the ordinance at every possible forum. "We are consulting with our legal experts in this regard."

By promulgating the ordinance, the spokesperson said, the government had disrespected the parliament. "This is not an ordinance, it is an NRO that is being given by Prime Minister Imran Khan to hide corrupt practices."

Further, she said the PML-N also rejected PM Imran Khan's "conspiracy" to take the powers of appointing judges across the country. "Opponents will be punished as [the government], through its selection of judges, would bypass the Qanoon-e-Shahadat order."

The PML-N spokesperson said PM Imran Khan had employed an "illegal" manoeuvre through this ordinance, as now he will not have to consult with the Opposition leader and the Parliament.