SC miffed at meddling in high-profile case

Takes suo motu notice; five-judge larger bench to hear matter today

ISLAMABAD:

Chief Justice of Pakistan Umar Ata Bandial on Wednesday took suo motu notice of the alleged interference in the affairs of prosecution and investigation in pending criminal cases involving persons in high authority in the present government.

A five-member larger bench led by the chief justice himself will take up the matter on Thursday (today) at 01:00 pm. Other members of the bench include Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi and Justice Muhammad Ali Mazhar.

According to a statement issued by the Supreme Court, the chief justice took the suo motu notice on the recommendations of Justice Mazahar Ali Akbar Naqvi. "It is apprehended that such perceived interference may influence prosecution of cases, tampering/disappearing of evidence in courts or in possession of prosecuting agencies and transfer/postings of officers on key posts,” the statement read.

“Such actions, along with media reports to modify accountability laws, are likely to undermine the functioning of the criminal justice system in the country and that [is] tantamount to violation of fundamental rights affecting the society as a whole and eroding the confidence of the people in the rule of law and constitutionalism in the country.”

The SC statement did not mention which “pending criminal matters" it was referring to. The Federal Investigation Agency (FIA), however, is currently pursuing a money laundering case against Prime Minister Shehbaz Sharif and Punjab Chief Minister Hamza Shehbaz.

Last week, the agency had denied media reports that it was withdrawing the Rs16 billion money laundering case against PM Shehbaz and CM Hamza. In fact, the agency appointed a new prosecutor in the case against the father and son duo.
According to a written application, dated April 11, 2022, the FIA director general, via the investigating officer, told Special Prosecutor Sikander Zulqarnain Saleem not to appear in court as the “accused in the case are going to be elected the prime minister of Pakistan and chief minister of Punjab”.

The controversial request for withdrawal comes after sudden removal of the investigating officer of the case, Dr Mohammad Rizwan, the FIA director who passed away because of a cardiac arrest.
However, the judge later rejected the agency’s request and announced that his court would indict Shehbaz and his son Hamza on May 14.

The agency later issued a “clarification” that “fake news is circulating in media regarding withdrawal of the case against political leaders of a party in Lahore”. “The FIA had registered the case. The case has not been withdrawn. Proceedings are continuing in the court. Next date of hearing is 14-05-2022,” it read.

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A notification issued by the Ministry of Law and Justice dated May 13 stated: "Farooq Bajwa, is hereby appointed as special public prosecutor in the case [...] with immediate effect on the terms and conditions which will be settled separately by the FIA with the said advocate."

Former Sindh High Court Bar Association President Salahuddin Ahmed, while commenting on the development, said that he could not say much about suo motu as he did not know the details of the alleged interference with the prosecution.

"If it is being done; it is wrong and the government should be taken to task for it," he added. As far as any proposed modification to accountability laws is concerned, Ahmed said that it was a subject for government and parliament and added “court cannot interfere at this stage”. “Of course, after any law is passed, it can examine its constitutionality.”

Former SHCBA president Salahuddin Ahmed, however, said that irrespective of the merits or demerits of suo motu, in his opinion the chief justice should give some thought to the manner of constitution of the benches and how to introduce greater transparency and objectivity to the process.

"If an impression is being created, rightly or wrongly, that all-important suo motu and/or political cases are fixed before certain judges only, then it is harmful to both to the reputation of the judicial institution and to the reputation of the Hon’ble judges concerned and detracts from the complete authority and sanctity of their orders.”

Senior lawyers believe that such suo motu proceedings may compel the government to announce early general elections.They also questioned as to why the Supreme Court did not take notice on alleged political interference by former SAPM Mirza Shahzad Akbar and others in the investigating departments for initiating action against rival parties’ leaders.

Even during the tenure of previous regime, former chief justice Asif Saeed Khosa had observed that lopsided accountability process must end in the country. Two days earlier, former prime minister Imran Khan had urged the Supreme Court to hear graft cases against Prime Minister Shehbaz Sharif and Punjab Chief Minister Hamza Shehbaz Sharif.

Graft cases against several government ministers are being heard in different accountability courts pending decisions. Most of them are on bail. In case of the prime minister and Punjab chief minister, an accountability court in Lahore is going to indict them. The cases against them are also pending in the Federal Investigating Agency (FIA).

Interestingly, Justice Naqvi, who recommended to the chief justice to take suo motu on the issue, heard bail matter of Shehbaz Sharif in the Lahore High Court. Lawyers believe that he may be aware about the prosecution material against him.