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Fasih Bokhari re-files review petition in SC
Source: GEO News | 14-06-2013

ISLAMABAD: Former Chairman National Accountability Bureau (NAB) Admiral (R) Fasih Bokhari on Friday filed a review petition again with the Supreme Court against its impugned order of May 28, declaring his appointment without lawful authority.

The registrar office had returned Fasih Bokhari’s review petition after raising objections. After addressing and removing the objections, he filed the petition again requesting to halt the implementation of the earlier decision until the court issues judgment on his review petition.

Earlier, he had filed a review petition through his counsel Sardar Latif Khan Khosa and prayed to the apex court to review its decision and set aside its order of May 28.Chaudhry Nisar Ali Khan of PML-N had challenged Bokhari’s appointment as NAB chairman.

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.

The court had directed the federal government to make fresh appointment without further loss of time. In his review petition, Bokhari however 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.

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.

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

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