CJP Iftikhar orders SC to probe death of Kamran Faisal
24 January, 2013
ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Wednesday ordered the Supreme Court (SC) to investigate the death of National Accountability Bureau (NAB) officer Kamran Faisal who was part of the team investigating the Rental Power Plants (RPPs) corruption scandal.
The court also converted a note of the SC registrar's office regarding the matter into a petition, and said another bench would hear the matter separately from RPPs judgement implementation case today (Friday).
Hearing the RPPs judgement implementation case, a three-member bench of the SC took up the registrar office's report regarding Faisal's death. The report indicated that the "murder/death/suicide of the investigator", engaged in the RPPs high-profile case, has left "sad commentary on the image of public institutions".
It said that this "shocking incident of his murder/death/suicide is a sad commentary on the image of a public institution, which is supposed to be functioning in a free, fair and independent manner without being influenced or coursed by anyone". "Prima facie, it seems that besides the colleagues of Kamran Faisal (deceased), his family members as well as the public at large have shown annoyance and raised grievance. According to their versions, they are not expecting a free, fair and honest investigation because of the involvement of the highly influential, political persons and executive authorities of this country in the scam of RPPs."
The bench said that it is a fundamental right of all citizens that their lives and properties are protected by a state, particularly of those persons "who honestly and with full dedications are discharging their functions in order to investigate the allegations against the accused persons, involved in the cases of corruption and the corrupt practices, who are, prima facie, responsible for looting and plundering the wealth of this country, and if there is any failure or disappointment and the facts come into the notice of this court, it also becomes its duty to look into the matter and independently ensure that the justice is done".
Meanwhile, the court rejected NAB Chairman Admiral (r) Fasih Bukhari's stance to suspend the implementation of RPPs' case judgement, saying that NAB officers are "unable to perform duties after the death of Kamran Faisal".
NAB Prosecutor General KK Agha informed the bench that the NAB chairman wanted to ensure the welfare and protection of his officers and "therefore, he likes to suspend the work on the implementation of RPPs' case judgement". The chief justice, rejecting the request, said; "It is not possible – it is like non-compliance of court orders."
The court said the judgement has been passed and it must be complied with. The chief justice said the court had ruled earlier that NAB has no choice but to implement the RPPs judgement in its letter and spirit.
Likewise, parliamentarians – Faisal Saleh Hayat and Khawaja Asif – accused the NAB authorities of dragging the court's order. They requested the bench to form an independent judicial commission to disclose the name of those who are involved in Kamran Faisal's death.
KK Agha said that NAB also wants to find the truth and probe Kamran Faisal's death through an independent inquiry. Also on Wednesday, SC senior Advocate Khalid Anwar requested the court to separate his client, former finance minister Shaukat Tareen's case from the RPPs judgement implementation case. Later, the court adjourned the case until January 29.