ISLAMABAD: A petition has been filed before the Islamabad High Court (IHC) by Latif Qureshi, a worker union leader, seeking replealing of amended National Accountability Bureau (NAB) 2021 and declaring temporary extension to incumbent chairman, Justice (R) Javed Iqbal. Dr GM chaudhary advocate filed the petition before IHC on behalf of his client, Latif Qureshi.
IHC has fixed the petition for hearing for October 14, 2021.
The petitioner prayed that appropriate
writs may graciously be issued to the following effect:–
(a) That provisions of sections 4 and 5A(b)(ii) of the National
Accountability Ordinance, 1999 (Ordinance No. XVIII of
1999), as amended by the National Accountability
(Second Amendment) Ordinance, 2021 (Ordinance No.
XXIII of 2021) (Annex-A), may be declared as illegal,
unconstitutional, highly discriminatory and violative of the Fundamental Rights and be set aside ab initio upto to the extent of such illegality and unconstitutionality in the interest of justice.
(b) That requiring the Respondent No. 4 to show under which authority of law the Respondent No. 4 is holding the office of the Chairman, National Accountability Bureau (NAB), a public office, when the appointment of
the Respondent No. 4 was not made in accordance with law and after open advertisement, competitive process,
on merit and by following a transparent process of recruitment and appointment as laid down the Honourable Superior Courts.
(c) That to declare the appointment of the Respondent No.
4 vide Notification No. F.1(8)/2015-A.I, dated 08-10-2017
(Annex-B), and its further continuation till todate, issued conferred under section 6(b) of the National
Accountability Ordinance, 1999 (Ordinance No. XVIII of 1999), with the approval of the Respondent No. 2, without consultation with the Chief Justice of Pakistan, as the provisions of the National Accountability Bureau
(Amendment) Ordinance, 2002 (Ordinance No. CXXXIII of 2002), which was published in the Gazette of Pakistan
on 23-11-2002, and was also subject to limitation under Article 89 of the Constitution had been lapsed and
expired after a period of four months and was not the part and parcel of the National Accountability Ordinance,
1999 (Ordinance No. XVIII of 1999), at the time of the said Notification as well as in violation of principles laid
down in the judgment of the Honourable Supreme Court of Pakistan reported as 1996 SCMR 1349 [In re : Abdul
Jabbar Memon and Others] and other relevant judgments, etc.
(d) That to declare the appointment of the Respondent No.
4 violative of Article 3, 4, 25 and 27 of the Constitution and being as such also order recovery of all salary, other perks and privileges as consequence thereof from the date of his appointment as arrears of land revenue.
(e) That to declare all decisions, policies, orders, appointments, etc., made by the Respondent No. 4 asillegal, void ab initio, and be set aside in the interest of justice.
(f) That the cost of the constrained litigation for protection of
Fundamental Rights of the people of Pakistan as well as the Petitioner.
