Contempt proceedings: SC raises maintainability point in Bokhari’s appeal

Asks counsel if an intra-court appeal can be heard against interim order.

ISLAMABAD:

The Supreme Court is first going to decide whether the appeal filed by National Accountability Bureau (NAB) Chairman Admiral (Retd) Fasih Bokhari against contempt of court proceedings is maintainable or not. 

Issuing notices to Attorney General of Pakistan Irfan Qadir, a five-judge bench of the apex court, headed by Justice Anwar Zaheer Jamali, ruled that a bigger question of law was involved in the case, that is whether any intra-court appeal (ICA) could be heard against an interim order.

The bench, comprising Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Muhammad Athar Saeed and Justice Iqbal Hameedur Rehman directed chairman NAB’s lawyer, Sardar Latif Khan Khosa, to address the law point before the court on Friday (today).

“I have heard your arguments but I am still not satisfied whether the ICA was maintainable or not. An appeal is accepted against a final order and not an interim order,” observed Justice Saqib Nisar.

We are of the view that first this point should be decided and if the appeal is to be heard, the arguments should be forwarded on merit, said Justice Jamali.

The apparently uneasy advocate Khosa said there were earlier examples where the apex court has heard appeals against interim orders and decided on merit.

Citing the example of former Prime Minister Yousaf Raza Gilani, Latif Khosa said an eight-member bench of the Supreme Court heard his appeal against contempt proceedings, though the appeal was rejected but not on a technical basis of non-maintainability.

Khosa argued that Chairman NAB had come against final order as the bench headed by Chief Justice Iftikhar Muhammad Chaudhry had rejected his plea for change of bench, recusal of CJP and dropping contempt charges against him.

The NAB chairman has challenged the March 20 order as SC had decided to indict him in contempt of court proceedings.

The NAB head was issued a show cause notice for writing a letter to President Asif Ali Zardari venting his criticism over the role of SC in the investigations of different cases by NAB.

Malik’s contempt proceedings

Separately, the bench directed secretary ministry of interior to provide foolproof security to former Interior Minister Rehman Malik as he had been receiving threats.

Appearing before the bench that was also hearing his appeal against contempt proceedings, Malik requested the court for providing him security, saying that the intelligence agencies had warned him that he had the threats of same nature as former President General Pervez Musharraf.

Published in The Express Tribune, April 12^th, 2013.