The Supreme Court on Friday directed National Accountability Bureau (NAB) to get custody and protect record and evidence of Swiss case, which the court feared may have been 'tampered with'. The court referred to some media reports detailing efforts to tamper with NAB records regarding the Swiss case which implicates President Asif Ali Zardari.
The bench headed by Justice Javed Iqbal warned the Bureau of severe consequences if there is any further delay in the implementation of apex court decision on National Reconciliation Ordinance (NRO). On December 16, 2009 a full-court bench had directed the government to contact Swiss authorities for the revival of Mutual Legal Assistance while declaring the withdrawal of the cases against President Asif Ali Zardari in Switzerland, ordered by the then Attorney General, Malik Qayyum, as illegal, unconstitutional and unauthorised.
In August 2008, Swiss judicial authorities, acting on the request of the Pakistani government, closed the money-laundering case against Zardari and released $60 million frozen in Swiss accounts. A three-judge bench of Justice Javed Iqbal, Justice Muhammad Sair Ali and Justice Tariq Pervaz expressed dissatisfaction over a NAB report regarding implementation of the apex court's orders issued in NRO case.
In its report the Bureau submitted that it was hampered in its efforts because records relating to the case had gone missing during the tenure of the then President Pervez Musharraf. Dissatisfied with this statement, Justice Tariq Pervez said the court was not interested in individuals and asked the NAB to recover the missing records.
Irfan Nadeem, acting Chairman NAB, submitted to the court that a letter seeking directions for initiation of Swiss money-laundering case had been written to the Ministry of Law as the President enjoys immunity under Article 248 of the Constitution against such proceedings.
However, the ministry had addressed the same question to Attorney General (AG) and the reply was still awaited, the acting chairman added. "For how long will this hide and seek continue," questioned the court and observed if anyone enjoys immunity under the Constitution that must be produced before the court in writing.
It is the court which has authority to interpret the constitution, Justice Javed Iqbal remarked. "Neither the decision on NRO was person specific nor is the court interested in personalities," he added. "The SC has power to get its order implemented," observed Justice Iqbal while recalling Article 189, which binds all institutions to implement the court's decision and Article 190, through which the court can call all institutions to assist /come to its aid.
The bench made it clear that it would not let NAB delay the matter and issued direction for the submission of particulars of the newly appointed prosecutors. It also observed that the prosecutors were not taking interest in pursuing cases. The court postponed hearing for two weeks at the request of Acting Chairman NAB who sought time for filing of a detailed report on the subject.
On February 19, a three member bench headed by Chief Justice Iftikhar Muhammad Chaudhry gave Chairman NAB final warning to implement its directions regarding initiation of proceedings on a number of cases, revived by a decision of 17-member larger bench on 16 December, 2009 on NRO.
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