Zahir Shah, DG (Operations), NAB HQ, Muhammad Altaf Bawany, DG (HRM), NAB HQ, Hussain Ahmed, DG (Punjab), and Brigadier Farooq Naser Awan (r), DG NAB HQ/Principal Secretary to Chairman NAB. "On March 6, 2013, PML-N had announced in its manifesto that it would establish an autonomous National Accountability Commission, and adopt zero tolerance policy against corruption, and ruthlessly stamp out the menace through across the board accountability of all holders of public officers, he recalled.
Adil Gilani quoted Quaid-e-Azam Mohammad Ali Jinnah's address to the Constituent Assembly of Pakistan on. August 11, 1947 in which he had said that "One of the biggest curses is bribery and corruption. That really is a poison. We must put that down with an iron hand and I hope that you will take adequate measures as soon as it is possible for this assembly to do so." And that "the next thing that strikes me is this: Here again it is a legacy which has been passed on to us along with many other things, good and bad, has arrived this great evil, the evil of nepotism and jobbery. I want to make it quite clear that I shall never tolerate any kind of jobbery [corrupt employment practices], nepotism, or any influence directly or indirectly brought to bear upon me. Whenever I will find that such a practice is in vogue or is continuing anywhere, low or high, I shall certainly not countenance it."
He further quoted that Prime Minster for the third time, on August 19, 2013, had warned the nation about menace of corruption in following words: "The very foundations of the country had been shaken due to maladministration‚ rampant corruption in every sphere and inefficiency of the last 14 years that has brought national institutions like PIA‚ Pakistan Steel‚ Railway and Wapda to the verge of virtual collapse."
The appointment of ex Chairman NAB was found illegal, by a five-judge bench of the Supreme Court on May 28, 2013 and had declared National Accountability Bureau Chairman former Admiral Fasih Bokhari's appointment null and void and directed the government to swiftly appoint a new chief for the anti-corruption watchdog. But handpicked four appointees on newly created posts of Director General Awareness and Prevention, appointed on April 14, 2013, allegedly under political pressure, and against the rules & regulations, bypassing the NAB officers who deserved promotion, are causing disrepute to NAB itself, Adviser, TI-Pakistan said.
He further said: It is also alleged that all the abovementioned DGs were pre-selected prior to conducting interviews of all candidates, by the ex Chairman NAB Fasih Bokhari and announced in the press on March 13, 2013. Also according approval of four additional posts of DGs in BPS 21 was meant for NAB Awareness & Prevention Wing. But all of them have been appointed and posted on the key regular cadre posts, as DG (Operations), NAB HQ, DG (HRM), NAB HQ, DG (Punjab) and , DG NAB HQ/Principal Secretary to Chairman NAB. The approval taken from the Prime Minister was on fake grounds by NAB, he asserted.
It has also been reported that all the four alleged illegal appointed DGs did not meet the criteria of qualification, masters degree, or engineering degree, and maximum age limit of 50 years, condonable with approval of the competent authority (the Prime Minster of Pakistan) up to 5 years.
The Minister of Water & Power, Khawaja Muhammad Asif in order to stop all new appointments by the caretaker government, had filed a constitutional petition in the Supreme Court of Pakistan, Constitutional Petition No 30 of 2013. Adil Gilani went on to explain that the Supreme Court of Pakistan, on May 30, 2013 had declared all appointments made during the tenure of the caretaker government as out of mandate of the caretaker government, and the orders of appointment/deputation, transfers as well as postings, etc, of civil servants and Chief Executive Officers of statutory bodies, autonomous/semi-autonomous bodies, corporations, regulatory authorities, etc, made by the caretaker cabinet/Prime Minister were declared to be void, illegal and of no legal effect wef date of issuance of notifications respectively.
He quoted below paragraphs 20 and 30 of the Supreme Court Order in CP 30 of 2013. "28. In light of discussion made hereinabove, we hold that: (a) The caretaker cabinet/Prime Minister appointed under Article 224(1)(2) or 224 A, as the case may be, is empowered to carry out only day-to-day affairs of the State with the help of the available machinery/resources/manpower and also to watch national interest against war or national calamity or disaster faced by the nation, including terrorism, etc.
(c) Major policy decisions including making of appointments, transfers and postings of the government servants should be left to be made by the incoming government in view of the provisions of Constitution that the affairs of the State are to be run by the chosen representatives of the people.
(d) As newly elected Government is mandated to perform its functions of achieving the object and purpose of welfare of the people for which it has been duly appointed, therefore, caretaker Cabinet/government/Prime Minister, having no mandate of public support, is only caretaker set up and due to this connotation should detach itself from making permanent policies having impact on future of the country
30. Thus, at the touchstone of the parameters laid down in the paras supra about the powers of the caretaker cabinet/Government, it is declared and held as under: -(a) The orders of appointment/deputation, transfers as well as postings, etc, of civil servants and Chief Executive Officers of statutory bodies, autonomous/semi-autonomous bodies, corporations, regulatory authorities, etc, made by the caretaker cabinet/Prime Minister are hereby declared to be void, illegal and of no legal effect wef date of issuance of notifications respectively, except the transfers and appointments of senior government officers including the chief secretaries and IGP of any of the provinces during the election process.
(i) However, the federal government, in exercise of its powers would be authorised to allow continuing any of such appointments, transfers made by the caretaker cabinet/government in the public interest, subject to following requisite provision of law.
Adil Gilani said the policy of no compromise on corruption requires that the alleged illegal appointments in NAB has to be urgently investigated, and if the allegations are correct, actions shall be taken by the government to declare all such appointments illegal. NAB is the backbone institution to eliminate corruption, and any irregularity in appointments of NAB officers is nepotism, which will defeat your aim of implementing zero tolerance policy against corruption.
The federal government according to SC Order dated May 30, 2013, paragraph 30 (a) (i), is required to investigate these alleged illegal key appointments of four DGs in National Accountability Bureau, and take a decision in the public interest, on the question of merit and question of integrity of these appointments, as defined by the Supreme Court in paragraph of the SC May 30, 2013 order.
Para 25: (1) Integrity: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties. (2) Objectivity: In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choice solely on merit. (3) Accountability: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. (4) Openness: Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands. (5) Honesty: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest. (6) Leadership: Holders of public office should promote and support these principles by leadership and example.
The Prime Minister in order to have a transparent and an independent National Accountability Bureau, which shall comprise of competent officers only on merit, and not political appointees, has been requested to urgently look into the appointments made in NAB during the caretaker government. As these appointments were allegedly not made in accordance with the rules, and made in clandestine manner, against the selection criteria, and not on merit. These appointments according to the Supreme Court Order in CP 30 of 2013, on May 30, 2013 have also been declared to be void, illegal and of no legal effect wef date of issuance of notifications, ie, April 14, 2013.