The Supreme Court on Thursday expressed dissatisfaction over a report submitted by the National Accountability Bureau (NAB) over the implementation of the court’s 2012 verdict in the Rental Power Plants (RPPs) case.
During the hearing, the chief justice remarked that the court had issued the order for all those accused in the case and not just for Prime Minister Raja Pervez Ashraf. Chief Justice Iftikhar Chaudhry added that implementation of the court’s ruling in the case had been pending since March 2012.
He said Chairman NAB Fasih Bokhari had also been issued a notice for contempt of court. The chief justice remarked that NAB authorities needed to justify as to why the court’s directives had not been implemented.
“Why could there be no challans against the accused and why had no arrests been made,” the chief justice remarked.
Prosecutor General NAB, KK Agha said the bureau had completed its investigations against those accused in the RPPs case.
The chief justice moreover said that the ruling in the RPPs case was based on government documents, adding that the accused would have to be tried under NAB laws.
Agha said the Supreme Court was not a trial but a constitutional court, adding that it could not interfere in the investigation.
Chief Justice Iftikhar Chaudhry directed NAB’s prosecutor general to present the list of all cases pertaining to the rental power plants. He moreover questioned as to what progress had the NAB made on implementing the court’s ruling of March 30, 2012.
He said some people named in this case considered themselves above the laws of the country and summoned an explanation from the authorities over their failure to arrest the accused.
Presenting the report, NAB Chairman Fasih Bokhari said that the national exchequer had to bear no loss, adding that all money has been retrieved. He said that the investigation officer overlooked some of the significant facts.
Expressing dissatisfaction over the NAB report, the SC ordered to present all the files pertaining to the case. On which the prosecutor general said that the record could not be shown in the court as long as the investigation is underway.
The CJP replied that the court has already given its orders in the light of these files. He said inquiry should be launched against the additional prosecutor general who made the report.
The prosecutor general KK Agha said that SC was overstepping its jurisdiction. “SC cannot review the record of NAB,” KK Agha added.
Also during the hearing, Bokhari said the impression that the NAB was not investigating the case was faulty. He added that investigating such cases required longer time, adding that it was not true that NAB officials were not doing their job.
Bokhari moreover declared invalid two references that had been prepared in the RPPs case.
The bench’s dissatisfaction was followed by a dialogue between chairman NAB and the judges after which NAB’s prosecutor general said the court was exceeding its perimeter of authorities.
Responding to which, Chief Justice Iftikhar Chaudhry said the members of the bench were the judges and not Agha.
The chief justice directed Agha to submit the records over all cases pertaining to the rental power projects.
Responding to which, Bokhari requested the court to issue the order in writing.
The chief justice directed the bureau’s chairman to take the verbal directive as an order.