Acting Prosecutor General

Plea raised by accused was that appeal filed by NAB was not competently filed as Prosecutor-General was not holding office and acting law officer was not competent to file appeal

Validity

Chairman NAB could only authorize any other law officer of NAB to act as Prosecutor-General Accountability, when the latter was absent or unable to perform function of his office due to any reason whatsoever

Such powers could not be exercised by Chairman NAB for finding a substitute for Prosecutor-General Accountability during a period when office of Prosecutor-General was lying vacant

Power to appoint Prosecutor-General NAB under the provisions of S.8(a)(i) of National Accountability Ordinance, 1999, though exercisable on recommendation of Chairman NAB but solely vested with President of Pakistan

Allowing a person to act as Prosecutor-General NAB during a period when President of Pakistan had not appointed anyone to act as Prosecutor-General NAB would amount to usurpation of President's mandate

Chairman NAB had no lawful authority to authorize any other law officer of NAB to act as Prosecutor-General Accountability during a period when office of Prosecutor-General Accountability was laying vacant

Appeal filed by acting Prosecutor-General NAB during the period when office of Prosecutor-General Accountability was lying vacant, was incompetently filed

Appeal was dismissed in circumstances.