ISLAMABAD - Expressing grave concern over the attempt to constitute a Commission by the Ministry of Law and Justice to probe the content of letter written by NAB Chairman to President Asif Ali Zardari, the court observed that “efforts were made to sabotage the system at the highest level.”
A three-member SC bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed heard the suo moto case taken over formation of an Inquiry Commission with respect to the letter written to President Zardari by Chairman National Accountability Bureau (NAB) Admiral (Retd) Fasih Bokhari.
The Chief Justice remarked that the attempt to set up a two-judge Commission over the apex court aimed to deteriorate the situation in the country.
The CJP said that the Prime Minister did not order to form the Commission, but only had sought the advice.
He further stated the Law Ministry withdrew the notification for establishing the Commission, as the PM did not approve the summary for that purpose. Senior Joint Secretary of Ministry of Law and Justice, appearing before the court, told the court that the notification for the formation of the Commission, comprising former Supreme Court judges Mukhtar Junejo and Nawaz Abbasi, was issued following the Presidential reference, adding, that the notification had been withdrawn.
The Chief Justice reading from the documents, submitted by the Joint Secretary, said Prime Minister Raja Pervaiz Ashraf on February 24th sought a specific advice from the Ministry of Law and Justice, adding, the Ministry proposed that the grievances of the NAB Chairman seemed to be genuine ,therefore, it advised for setting up of Commission, comprising retired judges of apex court. At that point a senior lawyer stood up and advised the senior Joint Secretary to tender apology.
However, Justice Azmat said: "The days of apologies are gone."
The Chief Justice remarked that the authorities dealt the matter in a way as if judiciary is under the administration and warned that no attempts should be made to demean the judiciary.  He questioned if any attempt would be made in the future to constitute any such Commission. Admiral Bokhari is facing contempt charges for writing a letter to the President, accusing the superior judiciary of influencing NAB's investigation into the rental power projects scam and that the officers are facing pressure.
The case is adjourned till Wednesday (today).