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SC Order in Rental Power Case Dated 15th of January, 2013

IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction)

PRESENT:

MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ

MR. JUSTICE GULZAR AHMED

MR. JUSTICE SH. AZMAT SAEED
C.M.As. NO.3685 & 3686 OF 2012

IN H.R.C. NO.7734-G OF 2009.

(Fortnightly reports from NAB in compliance of judgment of this Court dated 30.3.2012 passed in HRC No.7734-G of 2009, etc)

For the NAB:                                                                      Rana Zahid Mehmood, Addl. PG

Brig (R) Farooq Naser Awan,

Principal Secretary to Chairman,

NAB

Col (R) Subeh Sadiq, DG NAB

Mr. Asghar Khan,

Dy. Director, NAB, Rawalpindi

Mr. Kamran Faisal,

Asstt. Director, NAB, Rawalpindi

For the NAB officers/IOs:                                             Raja Amir Abbas, ASC


Date of hearing: 15.01.2013

ORDER

Col (R) Subeh Sadiq, D.G. (under Suspension)/NAB, Rawalpindi appeared and  states that the authorities  by  misusing the name of Supreme Court has suspended him. He states that to his credit he has 36 years of unblemished service and he has been maligned and  disgraced on the pretext that the Supreme Court was not happy.

2. Raja Amir Abbas,  learned counsel appearing for the IOs to whom the notices for contempt have been issued pointed out that on 7.1.2013, Brig (R) Farooq Naser  Awan,  Principal Secretary, NAB has issued a letter, relevant para there from reads as under:-

“b.  IO’s under contempt be removed from these cases since Supreme Court of Pakistan also does not appear happy with their performance”

whereas, we  were  led to believe by the Principal Secretary that  such  action has been taken against the IOs, as it has been noted hereina bove on the recommendations of the DG.

3. Col (R) Subeh Sadiq D.G NAB present in Court states that on the same day he had sent a letter dated 7.1.2013 and he had not used the name of the Supreme Court.  However, upon it, the Chairman has passed an order, para 2 of the same as relied upon by him reads as under:-

“2.  IO’s under contempt must be removed from the cases since S.C also does not appear happy with their performance.”

4. Brig(R) Farooq Naser  Awan  has placed on record,  a  copy of the letter dated 7.1.2013  noted above with handwritten notes by the Chairman in para No.2 referred to herein above. We  have  noted that by using the name of the Supreme Court both the IOs  i.e.  Asghar Ali and Kamran Faisal were removed from those cases, thus; it is concluded that none else except the Chairman, NAB himself used the name of the Supreme Court to achieve his own motives and objects, as it is evident from the record referred to herein above.

5. We may clarify here that the Chairman NAB is already under contempt notice for non compliance of the judgment in the RPP Cases and copy of the same had been delivered to him as back as in the month of March, 2012, therefore, he should have been careful, however, under the circumstances, we issue notice to the Chairman  NAB to explain as to why he has falsely used the name of the Supreme Court with a view to remove the IOs namely, Asghar Ali and Kamran Faisal. It is added that  prima facie above said two IOs  remained associated  with the Investigation Reports  under the supervision of the Col (R) Subeh Sadiq, D.G against Raja Parvaiz Ashraf, Ex-Minister for Water and Power and 15 others  in Case No.2(3-RPP)/SOD/2012/NAB and  Mr. Shahid  Rafi and  21 others  in case No.2(4-RPP) /SOD/2012/NAB.

6. It is made clear here to the Chairman, NAB that if any one  accused  involved in these cases succeed in making good  their  escape out of the country,  he will  be responsible personally for the same.

7. It appears that prima facie the Investigating Officers  are not  being  allowed to  ensure  the implementation of the judgment of this Court in letter and spirit,  therefore, we direct  the  Additional Prosecutor General, NAB that he should undertake all the necessary steps during the course of day and submit Investigation Reports  to the concerned authorities and to get approved the challans/references  against the accused persons and to cause their arrest without any hesitation and put up report on 17.1.2013.

8. Adjourned to 17.1.2013. In the meanwhile, all the concerned officers and the Chairman shall also remain in attendance.

Chief Justice

Judge

Judge

Islamabad, the

15th January, 2013.

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