The Supreme Court has returned former Chairman NAB Admiral (Retd) Fasih Bukhari review petition against the court’s May 28 order, wherein it has declared his appointment without lawful authority. According to the details, the SC registrar office has objected that inappropriate language had been used in the review petition. The office also sought attachment of the court’s detailed verdict and inclusion of referred resolutions of Pakistan Bar and Supreme Court Bar Association.

It is to be noted that Chaudhry Nisar Ali Khan of PML-N challenged Bokhari’s appointment as NAB chairman. Former chairman NAB through his counsel Sardar Latif Khan Khosa has prayed the court to review its decision and set aside its order of May 28. He submitted that chairman NAB could only be removed by the president once he was appointed to this post. He said it was clearly envisaged in the Constitution that with regard to the appointment to be made by the president either under the law or under the Constitution, he was not answerable to the Supreme Court in exercise of such functions. He contended that the finding of the court that his appointment was without lawful authority was devoid of any legal or logical basis apart from being a clear-cut violation of Section 6 of the NAB Ordinance of 1999.

Bokhari further contended that in the instant case no question of public importance involving any fundamental right had arisen before the SC and in all fairness the court ought to have rejected the petition on this score alone.

“The impugned order was, therefore, passed in a matter regarding which the court had no jurisdiction,” Bokhari submitted.

He said there were apparent and clear errors of law floating on the face of the impugned order and the apex court was under a constitutional obligation to remove these errors at the earliest.

A five-member bench of the apex court, headed by Justice Tassaduq Hussain Jillani, on May 28 observed that consultation over the appointment of chairman NAB had not been made in accordance with Section 6 of the NAB Ordinance, 1999 and the law declared by the apex court and hence the appointment of Fasih Bokhari was without lawful authority.