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APL (UK Lawyers body) termed appointment of NAB chief unfair and politically motivated
Executive must implement the Superior Court’s order on NRO, says APL Chair
(APL) Association of Pakistani origin Solicitors, Barristers, Judges and ex pat members has termed the appointment of NAB chief unfair and politically motivated as it should be in accordance with the rules of natural justice so that accountability across the board could take place without a hint of doubt of witch hunting or protecting the friendly corrupts. APL warned Prime Minister Gillan to initiate efforts removing the deadlock between superior judiciary and the executive and hence advise the President to reverse his move, and appoint the head of accountability in accordance with the meaningful consultation as was outlined in Al-Jehad Trust case, as it has serious ramifications over the future of civil dispensation which is marred with corruption allegations and scandals.
APL confirmed that current appointment is unacceptable and Govt must appoint NAB chair in line with the Ordinance post 18th amendment law, Charter of Democracy spirit, and actual consultation with the opposition and consent of the Chief justice of Pakistan as per the case law, unless and until new accountability law replaces the NAB ordinance. Justice Deedar Hussain Shah may be a good individual but may be considered partisan due to his past election to the political positions and lack of actual consultation will scar the whole accountability process and will give an impression that he is appointed to achieve an end, and not to ensure true, transparent and robust accountability across the board.
APL further demanded the Pakistani premier to make a bold decision to implement the order of the SC on NRO to discourage corruption in any form or shape in the society where Court has already declared NRO void ab initio being ultra vires & violative of Articles 4, 8, 12, 13, 25, 62(f), 63(1)(h), 63(1)(p), 89, 175, 227 of the Constitution, and deemed it non est from the day of its promulgation i.e. 5th October 2007.
APL chair further demanded from the rulers an ‘accountability process’ which is robust not relaxed and it is not an executive tool to settle score with the opposition. We demand an independent autonomous non-political body duly protected by a legislation with full financial autonomy, which carries out investigation in a fair and transparent manner ensuring the public that corrupt public officials and practices are duly detected, investigated and tried in Pakistan. Powers of the new accountability process should include all of the public & political office- holders, including that of military and judiciary retaining the ‘watchdog’ characteristic. This suggested accountability process may ensure rule of law, fairness, and a transparent accountability of all, which is long awaited in Pakistan. APL chair said that Political solution in the homeland must remain an option where Parliament considers a true reconciliation and new law to curb corrupt practices at public office and a separate ‘truth and reconciliation commission’ to filter all backlog of cases addressing the anxiety of public and grievances of the accused, where some cases are pending for over a decade and some of whom have already served sentence for years. New commission on corruption could have ensured unbiased, impartial and honest assessment of corruption cases irrespective of the accused status ensuring public confidence on the system, without aiding the govt to settle scores with their political foes. In this context Justice Deeda Hussain Shah’s appointment is a reversal to those efforts than a development in the right direction.
Barrister Amjad Malik,
Life Member SCBA (Pakistan)
Chair APL
Ilyas Gondal LLB
Solicitor
Secretary Association of Pakistani Lawyers
Saleem Shah, LLB
Solicitor-Advocate
Finance Secretary Association of Pakistani Lawyers
Mohammed Rafiq
Assistant Secretary
Association of Pakistani Lawyers
Executive Committee
Solicitor Ilyas Gondal Sec APL
Barrister Saleem Shah, VC APL
Solicitor Nadeem Malik Member
Mohammed Rafiq Asst Sec APL
Solicitor Usman Arshed- Member
Solicitor Kabir Ahmed - Member
Solicitor Nadeem Sadiq Member
Solicitor Azeem Malik Member
Akif Khan Advocate Member
Asia Khannum LLM, Advocate Coordinator events
Idrees Mohammed Member
Barrister Ahmed F Khan Member
Barrister Kashif Iqbal Member
Barrister Munsif Dar Mirza Member
Ikram Ul Haq Member
Rizwan Zaffar Member
Rashid Ahmed Member
Coordinator(s)
Ali Ahmed Kurd - Advocate SC-(Baluchistan)
Ch Arshad Ali, Advocate SC-(Islamabad)
Younas Naul, Advocate SC-(Lahore)
Ijaz Ahmed Wahla, Advocate HC-(Faisalabad)
M Azhar Chaudhary Advocate SC-(Sialkot)
Arshad Warraich Advocate SC-(Punjab Bar)
Barrister Rashid Ahmed , London
Aslam Rana, Advocate SC-(Karachi)
Altaf Ibrahim Qureshi- Advocate SC-(Multan)
Aleem Raza Hashmi - Advocate HC-(N.W.F.P)
APL Chambers
149 Drake Street,
Rochdale,
OL11 1EF
Tuesday, 12 October 2010
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