The Supreme Court on Wednesday took notice of the NAB chairman’s powers to induct officials in the anti-graft body and observed that the NAB Ordinance Section 28 was against Article 240 of the Constitution.
In this connection, the apex court also issued a notice to the attorney general and sought the details of all the appointments made by the NAB chairman.
Hearing a case concerning a person, Nadeem, who called different important personalities while impersonating as NAB DG and others, Justice Faez Isa observed the anti-graft body was interfering in every matter.
A reference should be filed against the NAB for not formulating rules and regulations since its formation in 1999, he remarked.
During the hearing, NAB Rawalpindi Irfan Mangi revealed that he did not have any expertise in dealing with criminal cases and was an engineer by profession. His monthly salary was Rs 420,000, he informed the court.
The admission came as Justice Faez asked him about his qualification and experience. “How you can occupy such an important post in NAB,” the senior Supreme Court judge observed.
Justice Faez questioned, “Under which law the NAB chairman makes appoints in the organisation,” and added that everyone was pursuing his own agenda.
How the NAB chairman can appoint people while bypassing the Constitution and law, he also remarked.
The two-member bench noted that the NAB chairman could be summoned since he wasn’t a Supreme Court.
It was better to hand over the government back to the Brits than imposing martial law, said Justice Faez as he stressed the need for following the Constitution.
Justice Mushir Alam, the other member of the bench, asked the NAB prosecutor whether forensic audit of the accused’s mobile phone was conducted. To which the NAB representative replied that they had not received the forensic report yet.
On the other hand, Justice Faez observed that how the accused with schooling till eighth grade only and living in Bahawalpur was able to obtain the numbers of so many important personalities.
