Fasih Bokhari takes over as NAB chief

ISLAMABAD: Former chief of Pakistan Navy, Admiral (retd) Fasih Bokhari, was formally notified as chairman of National Accountability Bureau (NAB) on Sunday despite objections raised by the opposition PML-N that the legal process required by the Constitution had not been followed in his nomination for the post.

The new chairman assumed charge of his office late in the night, sources told this correspondent.

With the appointment of Admiral Bokhari to the post which had been lying vacant since the removal of Justice (retd) Deedar Hussain Shah in March this year, the premier accountability organisation of the country became functional again after three months of inaction.

A notification of the law ministry signed by the president said: “The president of Islamic Republic of Pakistan has been pleased to appoint Admiral (retd) Fasih Bokhari as Chairman National Accountability Bureau in terms of section 6(b) of National Accountability Ordinance 1999, with immediate effect.”

But the PML-N rejected the decision and indicated that it might challenge the appointment in the Supreme Court.

“We believe that the government has taken the decision in haste as President Zardari did not give a satisfactory reply to a letter written by the Leader of Opposition, Chaudhry Nisar Ali Khan, after thorough consultations with opposition party’s legal team,” said PML-N spokesman Mushahidullah.

The notification was issued after former law minister Babar Awan had met President Asif Zardari, the sources said.

Mr Bokhari is the fifth NAB chairman belonging to the armed forces. Earlier, NAB chiefs from the military were Lt-Gen Amjad Hussain, Lt-Gen Khalid Maqbool, Lt-Gen Munir Hafiez and Lt-Gen (retd) Shahid Aziz.

The two civilian heads of the bureau are Navaid Ahsan and Justice (retd) Deedar Hussain Shah.

Under the NAB Ordinance, the government is required to hold consultation with the Leader of Opposition in the National Assembly for the appointment.

President Zardari had sent a letter to Chaudhry Nisar on Oct 9 seeking his consent for the appointment. Chaudhry Nisar replied on Friday, raising objections to the appointment on technical grounds.

He asked the government to prepare a list of possible candidates for the office of NAB chairman and hold ‘meaningful’ consultations with the opposition.

“Mr President, if the objective of the entire exercise is to select a nominee with impeccable reputation, integrity and credibility and unquestionable impartiality, there is no reason whatsoever for hesitation on the part of the government to engage with the opposition in a thorough, concrete and meaningful consultation.”

When contacted, President’s spokesman Farhatullah Babar said the president had appointed Admiral (retd) Bokhari as NAB chairman on the advice of Prime Minister Yousuf Raza Gilani.

Responding to a question about the opposition’s response, he said: “President Zardari, in his reply to the Leader of Opposition, had addressed all objections raised by Chaudhry Nisar and now the issuance of notification was a mere formality.”

President Zardari in his reply to the Leader of Opposition on Saturday said: “The sense of various judgments of superior courts is that the consultation shall be meaningful and for this purpose there is no necessity of sending a panel of nominees.

“Therefore, meaningful consultation can be done even on a single person and for that purpose you are taken on board quite candidly. Sending of a panel for consultation does not have any legal cover as well, there being no legal requirement as such. I have consulted the Leader of the House in the National Assembly on the subject who has concurred to the proposal.”

Admiral Bokhari is a retired four-star naval officer who served as Chief of Naval Staff from 1997 to 1999.

Admiral Bokhari is a graduate from the French Naval War College and served on several high posts during his tenure at the Pakistan Navy.

Source: http://www.dawn.com/2011/10/17/fasih-bokhari-takes-over-as-nab-chief.html

Ex-naval chief Bokhari named to head NAB

ISLAMABAD: President Asif Ali Zardari named on Sunday Admiral (retd) Agha Fasih Bokhari, former chief of Pakistan Navy, as chairman of the National Accountability Bureau (NAB) to fill the office lying vacant for several months and make the country’s premier accountability organisation functional.

The nomination of Admiral Bokhari surprised many observers in the capital because some other persons were reportedly being considered for the post. The NAB became dysfunctional on July 20 on the orders of the Supreme Court which said that the organisation could not function in the absence of a chairman.

“President Zardari has nominated Admiral Bokhari and sent a summary to Prime Minister Yousuf Raza Gilani for his appointment as NAB chairman,” President’s Spokesman Farhatullah Babar said.

“The president also sent a letter to Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan for consultation as required in the NAB ordinance,” he said. Sources said the law ministry had sent a summary nominating Admiral Bokhari for the post to Prime Minister Yousuf Raza Gilani a few days ago.

The prime minister accepted the summary and forwarded it to the president for approval. Under the NAB ordinance and directives of the apex court, the government has to consult the leader of opposition over the appointment of NAB’s chairman.

The leader of opposition has not taken any decision on the issue, but his party’s spokesman Mushahidullah said the opposition party would not accept the decision because NAB’s chairman should be a non-political person.

He also levelled allegations of corruption against the retired admiral. However, he later withdrew the allegations and said he had confused his name with that of another former Navel Chief.

The PML-N spokesman said his party’s leadership would hold a meeting to discuss the nomination.

He did not confirm that Chaudhry Nisar had received a letter from the president in this regard and said that his party would respond in accordance with the constitution.

It may be mentioned that the leader of opposition had rejected the name of Justice (retd) Syed Deedar Shah for the post but despite that the government appointed him as NAB chairman in October 2010. But three months later Justice (retd) Shah was removed by the Supreme Court which said he had been appointed without ‘meaningful’ consultations with the opposition.

Earlier, the government was considering the names of recently retired judges of the Supreme Court, Justice Javed Iqbal, Justice Sardar Raza Khan and former chief justice (retd) Abdul Hameed Dogar and Punjab Governor Latif Khosa for the office.

But all these names were dropped in favour of Admiral (retd) Fasih Bokhari who retired as four star naval officer after serving as Chief of Naval Staff from 1997 to 1999.

He is a graduate of the French Naval War College and held several high posts in the navy.

The post of NAB chairman has been lying vacant since the removal of Deedar Hussain Shah in March this year.

NAB suspended its operations on July 20 after the expiry of the 30-day deadline given to the government by the Supreme Court to either appoint a chairman or wind up the organisation. The government ignored the deadline and pleaded in the apex court that it could not appoint NAB chairman till the apex court decided its petition seeking a review of the removal of Justice Shah.

The Supreme Court rejected the government’s plea and ordered that its June 21 judgment would prevail (under which 30-day deadline was given).

On June 22, a three-member bench comprising Justice Javed Iqbal, Justice Khilji Arif Hussain and Justice Asif Saeed Khan Khosa, disposed of a constitutional petition filed by Al-Jehad Trust challenging the appointment of Javed Kazi as deputy chairman of NAB and told the government that if it failed to fill the vacant posts of the bureau’s chairman and prosecutor general in one month, the deputy chairman would be barred from exercising the delegated powers of NAB chairman and the bureau would become non-functional.

Source: http://www.dawn.com/2011/10/10/ex-naval-chief-bokhari-named-to-head-nab.html