rental power plants order

7/30/2019 Rental Power Plants Order

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IN THE SUPREME COURT OF PAKISTAN

(Or iginal Ju risdiction)

PRESENT:MR. JUSTI CE IFTI KHAR MUHAMMAD CHAUDHRY, CJ

MR. JUSTI CE GULZAR AHM ED

MR. JUSTI CE SH. AZMAT SAEED

C.M.As. NO.3685 & 3686 OF 20 12

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

(Fortnightly reports from NAB incompliance of judgment of thisCourt dated 30.3.2012 passed inHRC No.7734-G of 2009, etc)

For the NAB: Rana Zahid Mehmood, Addl. PG

Brig (R) Farooq Naser Awan,

Pr incipal Secretary to Chair man,NAB

Col (R) Subeh Sadiq, DG NAB

Mr . Asghar Khan,Dy. Director, NAB, Rawalpindi

Mr . Kamr an Faisal,Asstt . Director, NAB, Rawalpin di

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

Date of hear ing: 15.01.2013

ORDER

Col (R) Subeh Sadiq, D.G. (underSuspension)/ NAB, Rawalpindi appeared and statesthat the authorities by misusing the name ofSupreme Cour t has suspended h im. He states that tohis credit he has 36 years of unblemished service and


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CMA No.3685-2012 etc - 2 -

he has been maligned and disgraced on the pretextthat the Supreme Cour t was not happy.2. Raja Amir Abbas, learned counsel

appearing for the IOs to whom the notices forcontempt have been issued pointed out that on7.1.2013, Brig (R) Farooq Naser Awan, PrincipalSecretary, NAB has issued a letter, relevant parathere from reads as under :-

b. IOs under contempt be removedfrom these cases since Supreme Courtof Pakistan also does not appear happywith their performance

whereas, we were led to believe by the PrincipalSecretary that such action has been taken againstthe IOs, as it has been noted hereinabove on therecommendations of the DG.3. Col (R) Subeh Sadiq D.G NAB present inCourt states that on the same day he had sent aletter dated 7.1.2013 and he had not used the nameof the Supreme Court. However, upon it, the

Chairman has passed an order , para 2 of the same asrelied upon by him reads as under:-

2. IOs under contempt must beremoved from the cases since S.Calso does not appear happy withtheir performance.

4. Br ig(R) Farooq Naser Awan has placed on

record, a copy of the let ter dated 7.1.2013 notedabove with handwritten notes by the Chairman inpara No.2 referred to hereinabove. We have notedthat by using the name of the Supreme Court boththe IOs i.e. Asghar Ali and Kamran Faisal wereremoved from those cases, thus; it is concluded thatnone else except the Chairman, NAB himself used thename of the Supreme Court to achieve his ownmotives and objects, as it is evident from the record

referred to hereinabove.5. We may clari fy here that the Chairman NABis already under contempt notice for non complianceof the judgment in the RPP Cases and copy of thesame had been delivered to him as back as in themonth of March, 2012, therefore, he should havebeen careful, however, under the circumstances, weissue notice to the Chairman NAB to explain as to


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CMA No.3685-2012 etc - 3 -

why he has falsely used the name of the SupremeCourt with a view to remove the IOs namely, AsgharAli and Kamran Faisal. It is added that prima facie

above said two IOs remained associated with theInvestigation Reports under the supervision of theCol (R) Subeh Sadiq, D.G against Raja Parvaiz Ashr af,Ex-Minister for Water and Power and 15 others inCase No.2(3-RPP)/ SOD/ 2012/ NAB and Mr . ShahidRafi and 21 others in case No.2(4-RPP)/ SOD/ 2012/ NAB.6. It is made clear here to the Chair man , NABthat if any one accused involved in these casessucceed in making good their escape out of thecountry, he will be responsible personally for thesame.7. It appears that prima faciethe InvestigatingOfficers are not being allowed to ensure theimplementation of the ju dgment of th is Court in letterand spirit, therefore, we direct the AdditionalProsecutor General, NAB that he should undertake

all the necessary steps during the course of day andsubmit Investigation Reports to the concernedauthorities and to get approved thechallans/ references against the accused personsand to cause their arrest without any hesitation andput u p report on 17.1.2013.8. Adjourned to 17.1.2013. In the meanwhile,all the concerned officers and the Chairman shallalso remain in attendance.

Chief Justice

Judge

Judge

Islamabad, the15 th January, 2013.*M, Safdar Mahmood*

rental power plants order

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