NAB takes exception to SC action in Faisal death case
29 January, 2013
ISLAMABAD: The National Accountability Bureau (NAB) has objected to the Supreme Court's suo motu proceedings in the mysterious death of its investigator, Kamran Faisal, who was the part of team that is investigating the rental power plants (RPPs) scandal.
Attorney General of Pakistan Irfan Qadir has also requested the apex court to stop its proceedings in the matter because the Interior Ministry had already constituted a commission to probe the circumstances of Faisal's death. On the other hand, a two-member bench of the court, headed by Justice Jawwad S Khawaja, has raised questions over the notification regarding the formation of the commission and asked the AGP to submit the original notification on February 1. The bench has also appointed Anwar Kamal as amicus curiae in the case.
NAB Prosecutor General KK Agha along with NAB Chairman Admiral Fasih Bokhari appeared before the court on Monday and contended that they had no trust in the apex court in the case. Agha also said that he was under instructions from the NAB chairman that the case should not be taken to the Supreme Court, particularly the bench comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain.
"This is a justified submission," Justice Jawwad S Khawaja remarked, but told the NAB prosecutor general: "You are prosecutor general, the highest legal eagle of NAB, but your oral submission should follow written submission." Meanwhile, Justice Khawaja observed that what is important for the court is the rule of law and supremacy of the constitution, saying that this is the common objective of the court as well other institutions. "But our prime focus is to know as to whether there has been any attempt of interference in the proceedings of this court," he noted.
Justice Jawwad further said that everyone in the country knows that the government itself had approved a commission, but the judicial system had fundamental characteristics, which is to hear the case in an open court. The court in its order ruled that the reservations expressed by the NAB prosecutor general should be submitted before the court in writing by Friday. Justice Hussain said that if the reasons for lack of confidence were found tenable, then they might be considered. Further hearing was adjourned till February 1.