Pakistan's Supreme Court today observed that the President cannot reject the advice of the Prime Minister on senior-level appointments and is bound to approve the nominations sent by the Premier.
Chief Justice Mian Saqib Nisar made the remarks while hearing a case on non-functioning tribunals and special courts.
The court was informed that the appointment of Prosecutor General of the National Accountability Bureau (NAB) was delayed as President Mamnoon Hussain rejected the five nominees forwarded by Prime Minister Shahid Khaqan Abbasi.
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Law Secretary Karamatullah Niazi submitted the file containing the president's rejection to explain the delay in the implementation of the court's January 11 order that all vacant positions should be filled within a week.
"How can the president reject the names recommended by the prime minister?" the Chief Justice asked.
The court was also informed that instead of accepting recommendation of the premier, the president had sent his own five nominations for the post of Prosecutor General.
The court expressed surprise and said according to the Article 48, Section 1(a) of the Constitution, the president is bound to approve any documents sent by the prime minister or federal cabinet.
However, the president under the law is empowered to send back any case sent by the Prime Minister for reconsideration.
The hearing was adjourned till January 24 and sought an explanation for the rejection by the president of the names send by the office of prime minister.
NAB Prosecutor General post fell vacant on November 23, 2017, after former PG Waqar Qadeer Dar left the office.
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