In hot water: NAB chief will be tried for criminal, judicial contempt says SC
Admiral (retd) Fasih Bokhari to be indicted on April 2.
The NAB chief had criticised the role of the SC getting orders implemented on important cases, and accused the institution of influencing investigations and pressuring NAB officials. PHOTO: AFP/FILE
ISLAMABAD:
The Supreme Court ruled on Wednesday that National Accountability Bureau Chairman Admiral (retd) Fasih Bokhari will be tried for both criminal and judicial contempt. He will be formally indicted on April 2.
The contempt charge against him is in relation to a letter he wrote on Jan 27 to President Asif Ali Zardari, wherein he allegedly used contemptuous language against the superior judiciary.
A three-judge bench – headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justices Gulzar Ahmed and Sheikh Azmat Saeed – overruled the objection that the chief justice should separate himself from the hearing.
Bokhari’s attorney Naveed Rasool Mirza contended that the judges who initiate a contempt matter should not try the case. “My client is inclined to believe that the chief justice was not favourably disposed towards him and should detach himself from the bench,” he said.
In response, Justice Sheikh reminded Mirza that Bokhari had disparaged the Supreme Court, not just the chief justice.
The NAB chief had criticised the role of the SC getting orders implemented on important cases, and accused the institution of influencing investigations and pressuring NAB officials. The judges said they did not believe the letter simply stated a personal opinion of Bokhari and said the document resulted in further action from the law ministry.
Justice Chaudhry seemed uneasy after Mirza alluded to the no-confidence shown by Dr Arslan Iftikhar, his son, towards Bokhari and Bokhari’s subsequent refusal to accommodate the wishes of the chief justice. This was in reference to a previous case against Arslan. After the SC’s intervention, it had been forwarded to NAB, although Bokhari’s daughter was employed by Bahria Town. Furthermore, the chief justice had separated himself from the proceedings.
Bokhari also claimed that Justice Chaudhry, through Barrister Aitzaz Ahsan, had asked him to include Advocate Raja Aamir Abbas in the legal branch of NAB.
However, the chief justice rejected this. “Mr Mirza, do not try to bring such a matter into discussion without any evidence or without bringing the affidavit from the concerned person [Aitzaz Ahsan] to substantiate the claim,” he said.
He said it was not a matter of the bench being predisposed against Bokhari. Rather, the issue of the letter had simply gone too far, as even the law ministry had proposed to form an inquiry commission consisting of two retired judges over the SC.
Advocate Mirza also failed to convince the judges that only judicial contempt could be carved out from the contents of the letter, and that civil and criminal contempt charges could not be leveled against Bokhari.
The bench will take up the contempt issue next month.
Separately, the bench rejected the statement of Sohail Qadeer Siddiqui, senior joint secretary at the law ministry, in which he claimed the order of constituting a commission was issued following a letter from President Asif Ali Zardari.
The court directed the law ministry official to submit the original document, asking the office to keep it in a sealed envelope. The bench directed Siddiqui be present for proceedings that will pick up on April 2.
Published in The Express Tribune, March 21st, 2013.
The Supreme Court ruled on Wednesday that National Accountability Bureau Chairman Admiral (retd) Fasih Bokhari will be tried for both criminal and judicial contempt. He will be formally indicted on April 2.
The contempt charge against him is in relation to a letter he wrote on Jan 27 to President Asif Ali Zardari, wherein he allegedly used contemptuous language against the superior judiciary.
A three-judge bench – headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justices Gulzar Ahmed and Sheikh Azmat Saeed – overruled the objection that the chief justice should separate himself from the hearing.
Bokhari’s attorney Naveed Rasool Mirza contended that the judges who initiate a contempt matter should not try the case. “My client is inclined to believe that the chief justice was not favourably disposed towards him and should detach himself from the bench,” he said.
In response, Justice Sheikh reminded Mirza that Bokhari had disparaged the Supreme Court, not just the chief justice.
The NAB chief had criticised the role of the SC getting orders implemented on important cases, and accused the institution of influencing investigations and pressuring NAB officials. The judges said they did not believe the letter simply stated a personal opinion of Bokhari and said the document resulted in further action from the law ministry.
Justice Chaudhry seemed uneasy after Mirza alluded to the no-confidence shown by Dr Arslan Iftikhar, his son, towards Bokhari and Bokhari’s subsequent refusal to accommodate the wishes of the chief justice. This was in reference to a previous case against Arslan. After the SC’s intervention, it had been forwarded to NAB, although Bokhari’s daughter was employed by Bahria Town. Furthermore, the chief justice had separated himself from the proceedings.
Bokhari also claimed that Justice Chaudhry, through Barrister Aitzaz Ahsan, had asked him to include Advocate Raja Aamir Abbas in the legal branch of NAB.
However, the chief justice rejected this. “Mr Mirza, do not try to bring such a matter into discussion without any evidence or without bringing the affidavit from the concerned person [Aitzaz Ahsan] to substantiate the claim,” he said.
He said it was not a matter of the bench being predisposed against Bokhari. Rather, the issue of the letter had simply gone too far, as even the law ministry had proposed to form an inquiry commission consisting of two retired judges over the SC.
Advocate Mirza also failed to convince the judges that only judicial contempt could be carved out from the contents of the letter, and that civil and criminal contempt charges could not be leveled against Bokhari.
The bench will take up the contempt issue next month.
Separately, the bench rejected the statement of Sohail Qadeer Siddiqui, senior joint secretary at the law ministry, in which he claimed the order of constituting a commission was issued following a letter from President Asif Ali Zardari.
The court directed the law ministry official to submit the original document, asking the office to keep it in a sealed envelope. The bench directed Siddiqui be present for proceedings that will pick up on April 2.
Published in The Express Tribune, March 21st, 2013.