NAB seeks SC permission to investigate freely
15 January, 2013
ISLAMABAD: Submitting a miscellaneous application in the rental power projects' corruption case, the NAB has requested the Supreme Court to allow it to complete the investigation in accordance with law and in a transparent, fair, equitable, independent and impartial manner.
The bureau on Monday filed the application under order XXXIII rule 5 and 6 of the Supreme Court's Rules 1980 read with Article 187 of the constitution for the clarification of the January 9 and 10 orders passed by the apex court in the RPPs corruption case.
The Supreme Court is taking up this matter today (Tuesday), and the NAB has contended that investigation should be freed from all influences so that aspersions may not cast upon the NAB authorities/court of being prejudiced or biased against the persons being investigated.
It has also asked the court that it is necessary that it (the court) may elucidate whether the government functionaries are to comply with the verbal orders of the competent authorities, including the Supreme Court, or wait for compliance until a decision is formally given in writing.
"Allowing investigation officers (IOs) to continue investigation under the warning of contempt could influence proceedings, notwithstanding the perceived satisfaction of the court. Such a course would inevitably impede an independent investigation which in all fairness is extremely essential to inculpate or exculpate any person who may be under such investigation," the bureau contended, adding that "besides the investigation must not only be impartial and autonomous but it is vital for an investigation to be at least seen to be conducted in an unbiased manner. Resultantly, any investigation has to be free from all external and internal prejudices".
NAB said that for IOs to continue their investigation under an impending risk of contempt may amount to denial justice to the accused. It also stated that the court's January 9, 10 orders were verbal orders, and even otherwise the implementation of these court's directions has become somewhat cumbersome, especially because "these commands need harmonisation".