NAB Chairman Admiral (retd) Fasih Bokhari. PHOTO: FILE
The Supreme Court (SC) on Monday directed the chairman of the National Accountability Bureau (NAB) Admiral (retd) Fasih Bokhari to give his response to notices issued against him for maligning the judiciary.
A three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed, will continue hearing contempt proceedings against the NAB chief today (Tuesday).
Expressing disagreement with advocate Naveed Rasool Mirza’s plea that a report was submitted by Bokhari but was returned by the SC registrar, the Chief Justice remarked that the reply should be filed after removing objections raised by the office.
The apex court issued contempt notices to Bokhari on January 31, after taking
cognizance of a letter he wrote to President Asif Ali Zardari, wherein he allegedly used strong words against the role of the superior judiciary.
“Whatever he (Bokhari) has expressed in the letter is tantamount to causing interference with or obstructing the process of the court and he has used certain expressions to scandalise the court and its performance, with the objective of undermining the authority of the court…,” the order stated, adding
that if the move was not taken notice of, people would lose confidence in the judiciary.
In his letter to President Zardari on January 27, Bokhari alleged that the superior judiciary, through notices and verbal and written orders, had attempted to undermine the constitutional position of NAB and that the situation they had created might have a bearing on general elections.
The chief justice observed if the written response
was not submitted in the court by Tuesday, the court would initiate proceedings against the head of the bureau.
Chairman Bokhari had filed an application under Order XXIII Rule 5 and 6 of the Supreme Court Rules 1980 reading section 11(3) of the contempt of court Ordinance 2003.
Bokhari has asked that the contempt case against him be assigned to another bench of the apex court and raised objections over the hearings being held by Chief Justice Chaudhry.
The SC Registrar’s office, however, returned the report filed by the NAB chief’s lawyer, saying that contemptuous language was used in the written response.
The court has also ordered the military and civilian high command to refrain from doing anything which might delay the forthcoming general elections.
Published in The Express Tribune, February 19th, 2013.
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The battle should carry on to find the truth and justice according to constitution and legal procedures rather than personal believes and status consciousness.
The time has come to change the perception of judiciary emerging out of agitation where the honorable judges were delivering speeches and leading in public gathering and processions. The matters must now be considered on matter of the case instead of public sentiments uncontrolled media over exaggerating the events and information for rating or other motives.
A Peshawary