Justice Baqir out of NAB chairman’s race

ISLAMABAD: The name of Justice (retd) Maqbool Baqir has been dropped from the list of candidates under consideration for the position of chairman NAB and the government has been unable to create consensus as those it considered earlier either don't meet the qualification criteria or are not likely to meet the expectation of key stakeholders.

Former judge of the Supreme Court was the hot-favorite candidate three weeks ago. The government though didn’t name him formally, the news was leaked to the media. His name was all around as if no further deliberation was required. Prime Minister Shehbaz Sharif and Opposition Leader Raja Riaz were in agreement, it was reported. Coalition partners didn’t have any objection either.

Baqir also consented to take up this assignment; however, the Achilles heel remains the two-year break after retirement. The former judge retired in April this year from the Supreme Court and will therefore be eligible for this position in April 2024. Although, there was a disagreement over whether he was required to avail post-retirement break of two years or not, there is an increasing consensus that this break is required. “Even Justice Baqir thinks that this condition of two-year break applies to the retirees of superior judiciary,” said an official involved in deliberation.

However, this has not applied to retired bureaucrats and retired generals picked in the past for this office. Qamar Zaman Chaudhry, for example, was Secretary Interior when named Chairman NAB. He was retired immediately and posted as accountability czar. The same happened in the cases of retired generals. The first chairman, Lt. Gen. (retd) Amjad, was in uniform when posted as NAB’s head.

But in the case of judges, the criterion is well explained in the Constitution though there is no clarity in the NAB law. The Article 307 (2) reads: “A person who had held office as a Judge of the Supreme Court or a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial or the office of Chief Election Commissioner or of Chairman or member of a Law Commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.”

According to the qualification described in the NAB law, a retired chief justice, a retired judge of the Supreme Court or a retired chief justice of a high court can be candidates if picked from the judiciary. In addition, a retired lieutenant general or a retired BS-22 officer also qualifies for the position of accountability chief. Former accountability chiefs were from all three backgrounds. The outgoing chief, Javed Iqbal, was a retired SC judge. First three chiefs from 1999 onward were retired lieutenant generals. Two retired bureaucrats had also served at this position.

In the ongoing head-hunting, another retired SC judge and bureaucrats have been considered. The name of former judge, Dost Muhammad Khan, and two bureaucrats, Bashir Memon and Aftab Sultan, were also considered. However, none of them stand a chance. The government is keen to pick a retired bureaucrat keeping in view the fact that Sultan Sikandar Raja has made a difference as Chief Election Commissioner as his administrative experience as bureaucrat was useful.