NAB Prosecutor General maintains that SC is overstepping its jurisdiction, saying that it cannot review the anti-graft body’s record in the case. PHOTO: AFP/FILE
Prime Minister Raja Pervaiz Ashraf appears to be safe – at least for the time being. The National Accountability Bureau (NAB) chairman refused to comply with Supreme Court (SC) orders for the premier’s arrest on Thursday, citing a lack of evidence against the accused in the rental power plants (RPPs) case.
On Tuesday, the SC issued arrest orders for Prime Minister Ashraf and 15 others accused in the RPPs case after reviewing two investigation reports submitted by NAB. The apex court bench had given the bureau 24 hours to comply with its orders to arrest the accused and file a reference before the Rawalpindi Accountability Court.
But in his reply before the SC on Thursday, NAB Chairman Admiral (retd) Fasih Bokhari termed the two reports examined by the bench ‘inaccurate’ and claimed they lacked the facts needed to proceed against the accused. Adopting an aggressive posture, he also questioned the SC’s intervention in the case.
The NAB chairman lectured the bench regarding the apex court’s limited powers and jurisdiction in the matter, saying, “The Supreme Court is a constitutional court… it cannot, as such, monitor and examine an ongoing investigation, which falls under the jurisdiction of a trial court.”
NAB Prosecutor General KK Agha maintained the SC was overstepping its jurisdiction as well, saying that it cannot review the anti-graft body’s record in the case.
In response to the assertions by the officials, the Chief Justice Iftikhar Chaudhry-led bench observed that the Constitution gave supervisory powers to the SC in a matter of adjudication.
“Our mandate is to ensure the judgment is implemented. We have based the entire judgment on documentary evidence,” the CJ hit back.
“There might be some who consider themselves above the law, but let me tell you no one is above the law. Why is your machinery not moving against the persons concerned, what is the hurdle here?” he asked the NAB officials.
“I have an independent prosecution team and I do not like to intervene in their tasks,” maintained the NAB chairman. “I am cooperating fully… let me assure you there is no influence being exerted on the investigation team,” he added.
However, the bench observed that instead of observing the court orders in the matter by initiating action against the culprits, NAB has given them a clean chit.
Rejecting the NAB chairman’s reply as unsatisfactory, the bench directed the officials to submit a comprehensive report regarding RPPs case investigations before the court on January 23.
Published in The Express Tribune, January 18th, 2013.
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The SC not just its CJ appears to be an institution that lacks understanding of its own identity as well as the concept of universal justice.
“The chief justice dismissed NAB’s report as unsatisfactory and ordered Bokhari to report back 15 minutes later with the case files so that the court could itself point out evidence that could form the basis of a prosecution“ Mr. CJP has turned Supreme Court to a prosecution office. Imagine which accountability court will have guts to acquit an innocent (if he really is) when the prosecutor is Supreme Court. What a miscarriage of justice. I guess then the accused will have to go to a police station for final appeal if their appeal is rejected by high court because Supreme Court has abandoned its role of the court of last resort. Mr. CJP has totally mixed up all the roles. He is a SHO plus PM plus trial court plus investigator — everything except the real Supreme Court. Keep it up Mr. CJP and you will be remembered forever in history.