Rental power case: SC orders NAB to present all files
ISLAMABAD: The Supreme Court of Pakistan resumed hearing of the rental power plant case where Chief Justice Iftikhar Muhammad Chaudhry questioned that why the court’s orders are not being...
January 17, 2013
A three-member bench headed by the Chief Justice is hearing the case today.
The NAB officials including the chairman are present in the court today to respond over orders to arrest the prime minister and 15 other people on accusations of graft in 2010.
During the hearing, the Chief Justice said that the court had ordered to submit the challan and arrest the accused. He remarked that the accused include people who consider themselves above the law, and no one is above the law.
The CJ questioned that why the investigation of the matter has not concluded yet when the NAB had the order since March 30, 2012. He remarked that the decision of the rental power case is based on the official credentials.
The Chairman NAB told the court that the charges of incurring loss to national exchequer were not proved while the investigating officer did not consider important records. He continued saying that the accused will be acquitted if the reference would be filed based on that report.
On this, the CJ replied that NAB’s report and the prosecutor have declared the SC order null and void, and that there is discrepancy between the NAB chairman’s statement and the report.
Chief Justice Iftikhar, then, ordered action against the additional prosecutor who had prepared the report and to bring all the relevant files to the court in 15 minutes.
NAB’s Prosecutor General KK Agha remarked that the court is going beyond its powers and said that the SC cannot review the NAB’s record of investigation.
Responding to this, the Chairman NAB said that he will present the documents but the prosecutor general has raised an important legal point, and that he will discharge his duties according to the ordinance only.
The CJ, while replying to Fasih Bukhari, told him that he is the chairman of NAB and not the SC judge. The court had issued the order only after reviewing the documents.
During the proceedings, Attorney General Irfan Qadir stood up all of a sudden and requested that he should be heard too as he has also received the notice. The CJ instructed him to remain seated for the time being and ordered NAB to bring the files in 15 minutes. On which the Chairman NAB requested the court to issue a written order in this regard.
The CJ remarked that the court will continue hearing the case till 10 pm if needed.
The court, then, resumed the hearing after 15 minutes.
It may be mentioned that Chief Justice Iftikhar Mohammad Chaudhry had ordered that all those accused of graft in power generation projects be arrested and for the chairman of the NAB to report to the court.
There was a heavy media presence outside the court today morning and police stepped up security checks.
Commentators doubt that Prime Minister Raja Pervez Ashraf will be detained imminently given that the case has already been running for years.
Lawyers say that even if he is arrested for questioning over the allegations, which date back to his time as water and power minister, he can remain in office unless and until he is convicted.
