Chief Justice Iftikhar Muhammad Chaudhry Tuesday said that a two-judge commission formed by the government to insulate National Accountability Bureau (NAB) against any other institution's interference is tantamount to degrading Supreme Court of Pakistan.
A three-member bench headed by Chief Justice Iftikhar was hearing a suo motu case that it initiated over the formation of an enquiry commission with respect to the letter written to President Zardari by chairman NAB Admiral Fasih Bokhari (Retd). "Nobody will be allowed to handle the judiciary like this," the Chief Justice warned. He said that the events surrounding the notification reflected that the government believed the judiciary to be in subordination of the executive. He also questioned if any attempt would be made in future to constitute any such commission.
He further ordered that concerned documents be presented before the court to determine who ordered the formation of the formation. "It must be determined who has ordered formation of this commission as the court had not asked to set up a commission," he added.
The Chief Justice said the NAB chairman was already facing contempt charges in relation to a letter that he wrote to President Asif Ali Zardari, adding that the matter of the commission would also be analysed with the existing charges. The joint secretary law told the bench that the notification for the formation of a 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Mukhtar Junejo and Nawaz Abbasi, was issued following the presidential reference, adding that the notification had been withdrawn.
The ministry of law has already withdrawn the controversial notification with a spokesman saying it was "issued by mistake". The bench also reprimanded the joint secretary of the law ministry for submitting a late reply to the court about the notification. Admiral Bokhari is facing contempt charges for writing a letter to the President Asif Ali Zardari on January 27, accusing the superior judiciary of influencing NAB's investigation into the rental power projects scam and that the officers are facing pressure. The hearing was adjourned till March 20.