Mr. Justice Tassaduq Hussain Jillani Mr. Justice Anwar Zaheer
Mr. Justice Tassaduq Hussain Jillani Mr. Justice Anwar Zaheer
Mr. Justice Tassaduq Hussain Jillani Mr. Justice Anwar Zaheer
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Constitution Petition No. 73 of 2011 8<br />
(PLD 2010 SC 1109), Dr. Mobashir Hassan and others v. Federation<br />
of Pakistan and others (PLD 2010 SC 265) and also from some<br />
judgments from the Indian jurisdiction. With these submissions<br />
the learned counsel for the petitioner has prayed that the<br />
appointment of respondent No. 3 as the Chairman, National<br />
Accountability Bureau may be set aside on account of lack of<br />
proper consultation as contemplated by the provisions of section<br />
6(b)(i) of the National Accountability Ordinance, 1999.<br />
3. Sardar Muhammad Latif Khan Khosa, Sr. ASC appearing for<br />
respondent No. 3 has read out the “Formulations/Points for<br />
Determination” contained in Civil Miscellaneous Application No.<br />
3231 of 2013 filed by him and has submitted that there is no<br />
dispute in this case that respondent No. 3 is qualified to be<br />
appointed as the Chairman, National Accountability Bureau under<br />
section 6(b)(i) read with section 6(ba)(ii) of the National<br />
Accountability Ordinance, 1999. He has also referred to the<br />
Curriculum Vitae of respondent No. 3 which had been sent by the<br />
President to the petitioner along with his letter dated 09.10.2011<br />
manifesting that the said respondent had a meritorious record of<br />
serving the nation in different capacities, he had a good academic<br />
background and he was a person amply fit to be appointed to the<br />
said office. He has argued that the petitioner had been duly<br />
consulted by the President vis-à-vis the proposed appointment of<br />
respondent No. 3 and in his letter dated 13.10.2011 the petitioner<br />
had said nothing adverse to the respondent’s fitness or suitability<br />
for the proposed appointment and, therefore, on 15.10.2011 the<br />
President was quite justified in deciding to appoint respondent No.<br />
3 as the Chairman, National Accountability Bureau because it was<br />
by then apparent to the President that the petitioner had no<br />
objection to the appointment of respondent No. 3. <strong>Mr</strong>. Khosa has<br />
pointed out that the office of the Chairman, National<br />
Accountability Bureau was lying vacant for some time and there<br />
was a pressing urgency to fill that vacancy and, thus, the President
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