KHUDAYAR MOHLA

ISLAMABAD: The Supreme Court is likely to pass an order on March 29 (today) about three former military officials who were allegedly appointed against top slots of anti-graft body in Balochistan, Punjab and Sindh in violation of the rules.

A three-judge bench headed by Justice Amir Hani Muslim said this while hearing a suo motu case over illegal appointments in National Accountability Bureau (NAB), notice of which was taken by the former Chief Justice Anwar Zaheer Jamali in response to an anonymous letter in the matter.

The apex court had directed the chairman NAB and secretary Establishments Division on March 27 to deliberate upon legality of induction of some employees of the Bureau.

In pursuance to the court’s directives, Chairman NAB Qamar Zaman on Tuesday apprised the court that of nine officials whose appointments are in question, two were retired, two have requested for repatriation to their parent departments whereas two have shown consent for pre-mature retirement.

However, he submitted that three officers including Major Syed Burhan (retd), Director General Lahore; Major Tariq Mehmood (retd), Director General Balochistan; and Major Shahbir Ahmed (retd), Director NAB Sindh; have opted to contest their cases.

To which the bench said that after statement of secretary Establishment Division and the NAB chairman in this regard, the court shall pass an order about them on Wednesday (today).

During the course of proceedings, Chairman NAB Chaudhry Qamar Zaman informed that Col Sirajul Naeem (retd), Director General Karachi, and Squadron Leader Karamat (retd), Director Lahore, have retired, while Muhammad Younus, Director Lahore, and Capt Farrukh (retd) have opted for premature retirement.

He said that Assistant Director Quetta Syed Muhammad Amir and Deputy Director Lahore Ansar Yaqoob have requested the NAB chairman to repatriate them to their parent departments.

The bench asked the chairman to relieve them by repatriating them to their parent departments in accordance with law, adding that all those who opted for premature retirement and repatriation would be entitled to perks and pension benefits.

The bench said that those officers will be entitled to the salary and seniority of their batch mates, saying if their batch mates have been promoted then they should also be promoted within 15 days of their relieving order of the NAB chairman.

Besides, the bench issued directives to counsel of another officer of the NAB in grade-19, Aliya Rashid, to inform about her decision by March 29 (today).

Aliya Rashid was inducted in the NAB in 1995 on the basis of medal she had won in sports as her counsel informed the bench that she has never done any investigation during her service with the NAB but was performing as head of the NAB’s awareness and anti-corruption campaign.

A member of the bench Justice Qazi Faez Isa observed that in case the court passes an order against her, she would not get anything so it would be better if she opts for premature retirement.

Responding to the counsel for Alyia Rashid that his client was inducted in the NAB in accordance with the then prime minister’s policy, Justice Amir Hani Muslim observed that the Prime Minister policy never meant for an individual but for the larger interest of the public. Justice Amir Hani Muslim remarked no prime minister of the country is authorised to cross the limits of the provisions of the Constitution.

Earlier, Major Burhan (retd) and Major Tariq Mehmood (retd) pleaded that they were inducted in the NAB with the permission of the then chief of army staff; however, the bench observed the qualification of the both persons was not in accordance with the required criteria.

Justice Qazi Faez Isa remarked that army personnel are also bound to adhere to the law, adding there is another option for both the officers to join the NAB through Federal Public Service Commission. Justice Qazi Faez Isa further observed that both the persons are not acting like good army officers as they wanted that the rules should be violated for their induction.

Justice Amir Hani Muslim asked them that they could not say that there is no accountability in the judiciary, saying the apex court recently has passed a judgment against the illegal appointments in Islamabad High Court and consequently a judge of the Supreme Court had to resign.

Later, the hearing of the matter was adjourned till today (Wednesday).