| Citation(s) |
|---|
| 2013 SLG 2924 2013 SLD 2924 2013 PLD 568 |
Supreme Court of Pakistan
Constitution Petition No.73 of 2011, decision dated:30-05-2013. dates of hearing: 27th and 28 May, 2013.(Against the appointment of Chairman, NationalAccountability Bureau)
TASSADUQ HUSSAIN, JILLANI, ANWAR ZAHEER, JAMALI, ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM AND MUHAMMAD ATHAR SAEED, JJ
Muhammad Akram Sheikh, Senior Advocate Supreme Court Arshad Ali Chaudhry, Advocate-on-Record assisted by Barrister Sherjeel Adnan Sh, Advocate, Ch. Hassan Murtaza Mann, Advocate and Syed Faraz Raza, Advocate for Petitioner. Sardar Muhammad Latif Khan Kh
Constitution Petition No.73 of 2011, decision dated:30-05-2013. dates of hearing: 27th and 28 May, 2013.(Against the appointment of Chairman, NationalAccountability Bureau)
TASSADUQ HUSSAIN, JILLANI, ANWAR ZAHEER, JAMALI, ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM AND MUHAMMAD ATHAR SAEED, JJ
Muhammad Akram Sheikh, Senior Advocate Supreme Court Arshad Ali Chaudhry, Advocate-on-Record assisted by Barrister Sherjeel Adnan Sh, Advocate, Ch. Hassan Murtaza Mann, Advocate and Syed Faraz Raza, Advocate for Petitioner. Sardar Muhammad Latif Khan Kh
Ch. NISAR ALI KHAN-
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) National Accountability Ordinance (XVIII of 1999)----S. 6(b)(i)---Chairman, National Accountability Bureau, appointment of---"Consultation" with Leader of the Opposition in the National Assembly---"Consultation"---Scope---"Consultation" had to be effective, meaningful, purposive, consensus-oriented, leaving no room for complaint of arbitrariness or unfair play and in order to establish that a consultation was meaningful and purposive it should manifestly be shown that a serious, sincere and genuine effort was made towards evolving a consensus---First priority in any consultation had to be directed towards evolving a consensus between the consultees by mutual discussion of the merits and demerits of the concerned candidate---Consultation practically amounted to an effort made towards meeting of minds. Shahid Orakazi and another v. Pakistan through Secretary Law, Ministry of Law, Islamabad and another PLD 2011 SC 365 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 6(b)(i)---Constitution of Pakistan, Art.184(3)---Constitutional petition under Art.184(3) of the Constitution challenging the appointment of Chairman, National Accountability Bureau---Chairman, National Accountability Bureau, appointment of---Proper "Consultation" with the Leader of the Opposition in the National Assembly as required under S.6(b)(i) of the Ordinance---Scope---Appointment made by the President without meaningful, purposive or consensus-oriented consultation with Leader of the Opposition---Effect---Such an appointment was without lawful authority as it was not in accordance with S. 6(b)(i) of National Accountability Ordinance, 1999---Appointment of Chairman, National Accountability Bureau was set aside with immediate effect and Federal Government was directed to make fresh appointment without further loss of time---Constitutional petition was allowed accordingly. On 9-10-2011 the President through a letter had proposed to the Leader of the Opposition in the National Assembly name of respondent for appointment as Chairman, National Accountability Bureau. On 13-10-2011 the Leader of the Opposition wrote back to the President, wherein he momentarily withheld his…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492