The Supreme Court (SC) on Tuesday questioned how did the letter written by National Accountability Bureau Chairman Fasih Bokhari get leaked to the media if it was meant to be secret in the first place.
A five-member larger SC bench led by Justice Anwar Zahir Jamali resumed hearing in the intra-court appeal filed by the NAB chairman in the letter to the president case.
Bokhari’s counsel Latif Khosa took the plea that his client was not responsible if his letter had reached the media.
“Aitzaz Ahsan had admitted before media on February 17 that Chief Justice Iftikhar Muhammad Chaudhry had expressed his desire to include Raja Amir Abbasi in legal branch of NAB. NAB is answerable to the president with respect to its annual performance, therefore, the NAB chairman had written the letter to the president. The letter was secret. We don’t know how it reached the media,” Khosa said.
He further argued that the contempt of court law did not exist at all and had ceased to exist from 2004. “All are initiating proceedings under 2003 laws. Legislation is needed on this count.”
Justice Ejaz Afzal remarked that the reply in this respect had been given in Yousaf Raza Gilani contempt case.
Khosa argued the bench that had rendered the decision could not hear the appeal.
He argued that according to the law, the chief justice should have detached himself from the hearing of the case against NAB chairman and no court could interfere in the investigation of NAB.
“The NAB chairman wrote a secret letter to the president of Pakistan on January 27 over the performance of NAB and the difficulties being faced by it,” Khosa said.
Justice Anwar Zahir remarked if the letter was secret, it should have remained between the senior officers. “How did it find its way to the media.”
Khosa said his client had not given the letter to the media and should not be indicted.
Justice Ejaz remarked that if no evidence came against the NAB chairman, he would be acquitted.
Khosa said Arsalan Iftikhar and Malik Riaz had expressed lack of trust in NAB, therefore, investigation was withdrawn from NAB. Dr Arsalan had written a letter to the NAB chairman on June 21, 2012 that the chairman had relations with Malik Riaz and his daughter was working as an employee in BahriaTown for several years.
Khosa said the president had the authority to appoint NAB chief and the correspondence between the president and NAB chief enjoyed legal protection.
The court later adjourned the hearing of the case until April 11.
Okay, this is not rocket science. Why doesn't the SC summon the media in which it appeared and ask them. If they don't respond? Slap them with the only weapon in fashion …… Contempt of Court.
secret letters are always handeld through "SAFE HAND MAIL" procedure. How innocent Mr. KHOSA and his client are?
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