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Published 04 Feb, 2013 10:10pm

Court turns down NAB’s plea for larger bench

ISLAMABAD, Feb 4: The Supreme Court turned down on Monday the National Accountability Bureau’s request to form a larger bench and simultaneously hear all matters relating to implementation of its judgment in the rental power projects (RPP) case.

“If possible, form a larger bench since almost identical matters on the RPP case are pending before two different benches,” NAB’s Prosecutor General K.K. Agha pleaded before a three-judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed.

But the court declined the request and said it would hear the RPP implementation case on Feb 12.

The bench, however, accepted a request of NAB Chairman Admiral (retd) Fasih Bokhari seeking time to engage a lawyer of his choice for his defence against the contempt charge he was facing for writing a letter critical of the judiciary to President Asif Ali Zardari.

The court had on Jan 31 ordered the NAB chief to appear before it on Monday to face the contempt charge under Article 204 of the Constitution read with Section 3 of the Contempt of Court Ordinance 2003.

Admiral Bokhari had written a strongly-worded letter to the president on Jan 27 alleging that how the superior judiciary through its notices and verbal and written orders had attempted to undermine the constitutional position of the bureau and that the situation so created might have a bearing on the holding of the general election.

“Contempt notices, verbal orders that differ from written orders, and insufficient time to prepare numerous progress reports are placing extreme pressure on NAB personnel who appear before the honourable judges,” the letter said.

While issuing the contempt notice to the chairman the court had held that whatever had been expressed in the letter amounted to causing interference with or to obstructing the process of the court.

“Whatever he (NAB chief) has expressed in the letter, tantamount to causing interference with or to obstruct the process of the court and has used certain expressions to scandalise the court and its performance with an object to undermine the authority of the court and to bring it into hatred of the general public who approaches the court for decision of their cases,” the order said, adding that if the move was not noticed, people would lose confidence on the judiciary.

The court had also ordered the military and civilian high commands to refrain from doing anything which might delay the upcoming general election.

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