Rental power projects case: ‘Ex-PM’s letter a bid to influence court’

SC issues contempt notice to Ashraf; counsel argues letter was a simple request.

ISLAMABAD:

The Supreme Court issued a contempt notice to former premier Raja Pervaiz Ashraf on Thursday for influencing legal proceedings in the Renal Power Project case.

On March 8, Ashraf had written directly to Chief Justice Iftikhar Muhammad Chaudhry, asking for an independent commission to investigate the case. The letter was seen by the top court as a bid to obtain undue favours.

A three-person bench, headed by the chief justice, directed the former prime minister to explain why he should not be charged with contempt of court for such a move.

Ashraf’s counsel, Wasim Sajjad, expressed confusion at the court’s decision. “Why is there undue sensitivity? If the bench was not satisfied with the request of the ex-premier, they should have just rejected the plea,” he said.

To this, the chief justice remarked that the letter he had received was not just a ‘request’.

“[The] letter was written by the PM on his official letter pad, with the signatures of his personal secretary, and addressed to the chief justice of the country. It is not a request. Rather, it is an attempt to influence proceedings in the RPP scam,” said Chief Justice Chaudhry.

In its written order, the bench stated that Ashraf should have appeared in person or made contact through proper channels if he wanted to seek an independent inquiry.

Furthermore, the bench remained wary of extending any sort of preferential treatment.

“If the demand of the former PM is accepted, it will set a historic precedent and encourage other high officials to write directly to the chief justice, asking for certain reliefs,” the order further stated.

The chief justice also observed that the document was made public through the media even before it reached the office of the SC registrar. This illustrated an attempt to manipulate the proceedings.

Additionally, Chief Justice Chaudhry noted that Ashraf could have gone about this in a different, legitimate manner. While he had filed a review petition in March 2012, expressing his opposition to the SC’s decision and asking for the National Accountability Bureau (NAB) to look into the matter, he later withdrew it in February 2013. Then, as premier, he threw his weight forth and wrote directly to the chief justice, asking for a commission, headed by Dr Sohaib Suddle, to be formed.

Sajjad argued repeatedly that Ashraf’s letter was a simple request, nothing more. It was made at a time when the premier was under fire for allegedly influencing investigations, especially after Kamran Faisal’s death.

NAB Prosecutor-General KK Agha said the bureau had no objection over the appointment of a commission if the SC ordered it. However, he said, NAB had undertaken investigation and submitted two interim reports to the apex court already. The bench directed Ashraf to appear in person, or through a lawyer, and adjourned proceedings for two weeks.

Published in The Express Tribune, March 29^th, 2013.