Islamabad court seeks evidence over appointments of two NAB officials — Dawn

The Islamabad High Court in Pakistan has issued notices to the National Accountability Bureau (NAB), the Ministry of Law and other parties in a case challenging the appointments of the bureau’s deputy chairman, Ikhtesham Qadir Shah, and prosecutor general, Sohail Nasir. The court also ordered the petitioner to provide documentary evidence that the officials did not meet the legal requirements for holding these positions, Dawn reports.

The petition was filed by lawyer Dr. G. M. Chaudhry through quo warranto proceedings, a procedure used to challenge the legality of holding a public office.

Arguments concerning the NAB deputy chairman

Chaudhry argues that Ikhtesham Qadir Shah does not meet the qualification requirements set out in Article 7(aa) of the National Accountability Ordinance of 1999.

According to the petitioner’s arguments, Shah’s previous work as NAB prosecutor general is not equivalent to service as a federal officer of grade 21 or an equivalent rank. He also stated that Shah had not been a military officer holding the rank of major general or an equivalent position.

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Requirements for the prosecutor general

Regarding Sohail Nasir, the petitioner stated that he does not meet the criteria of Article 8(a) of the ordinance. It provides that the NAB prosecutor general must be qualified for appointment as a Supreme Court judge.

According to Chaudhry, Nasir served as a sessions judge and was then an additional judge of the Lahore High Court, but was not confirmed in the position. The petitioner believes that because of this, Nasir does not meet the requirements of Article 177(2) of Pakistan’s Constitution.

The court also issued notices to the parties regarding requests to suspend both NAB officials from performing their duties and to obtain documents concerning their appointments.