Rejecting a plea from National Accountability Bureau for suspension of work on implementing an apex court order in the Rental Power Plants case in the wake of the death of an investigation officer, the chief justice of Pakistan on Wednesday ordered a probe by another apex court bench into the death following a report listing the doubts of his family and friends.
“His family members, colleagues, friends and the public at large have shown annoyance and grievances,” said Justice Iftikhar Muhammad Chaudhry, reading out the report submitted by the Supreme Court registrar. “They are not expecting free, fair and honest investigation because of the involvement of highly influential political and executive authorities of the country in the RPP scam,” added the chief justice.Kamran Faisal was found dead last Friday in a government hostel in Islamabad just days after the Supreme Court ordered the arrest of Prime Minister Raja Pervaiz Ashraf over the long-running graft scandal into the Rental Power Plants (RPPs).
According to the initial findings of a police probe and an autopsy, Faisal committed suicide. But, his family and colleagues believe he was murdered. Justice Chaudhry, who was heading a three-judge bench, described Faisal’s death as ‘shocking’, and said that his family, friends and colleagues were not satisfied with the current investigation, being carried out by police and a government-appointed commission. He ordered another bench to probe Faisal’s death, saying, “The (registrar) office is directed to place this case before another bench for further proceedings.” Justice Jawwad S Khawaja will take up this case on January 24 (today).
During Wednesday’s hearing, NAB Prosecutor General KK Agha told the court that Bureau chairman Fasih Bukhari (who was present in the court) was emotionally disturbed on Kamran Faisal’s death and had concerns over security and protection of his team. Agha said because the chairman wanted to ensure welfare and protection of officers of his department, he wanted to have work on implementation of the court’s order suspended. “Officers of the NAB are unable to perform their function in such an environment,” added the prosecutor general.
Turning down the request, the court said the judgment must be complied with. “It is not possible; it is like non-compliance of the court orders,” remarked the chief justice, adding that the Bureau had no choice but to implement the judgment in letter and spirit. He said the note from Faisal’s family indicated that murder/death/suicide of the investigator had left sad commentary on the image of public institutions. When the court asked KK Agha that what steps had so far been taken regarding the official’s ‘murder’, the latter said police were looking into the matter.
The prosecutor general, however, failed to show any notification about the one-member commission of Justice (retired) Javed Iqbal that the government had tasked with probing the events surrounding the ‘controversial’ death. Justice Sheikh Azmat Saeed, while expressing concerns over NAB credibility, remarked that whether on that day the body of Kamran Faisal was taken for burial or the NAB took its last breath. The chief justice observed that there were good and bad persons in every institution, important thing was that the people should have confidence in the institutions, even in the NAB. He said if this shocking incident could be overlooked, then who was safe in the country.
Justice Chaudhry however noted that adding that Kamran Faisal had demonstrated courage by leveling allegations against a sitting minister. Appearing on a court notice, parliamentarians Faisal Saleh Hayat and Khawaja Asif criticised the NAB for dragging the court on the implementation of its order. They prayed that an independent judicial commission be formed to unmask those involved in Kamran Faisal’s death. NAB Prosecutor General Agha also contended that the Bureau also wanted to know that what had happened with Faisal.
Meanwhile, Advocate Khalid Anwar appeared before the bench on behalf of former finance minister Shaukat Tareen with a plea to separate his client name and case from the RPPs judgment implementation case. Justice Chaudhry observed that an Asian Development Bank report on the RPPs had named three former ministers, Shaukat Tareen, Liaquat Jatoi and Raja Pervaiz Ashraf, saying the matter to separate Tareen’s name exclusion from the instant matter would be considered during the next hearing(s).
Meanwhile, the case was adjourned till January 29.The long-running probe into the prime minister and other officials relates to allegations of kickbacks during Ashraf’s tenure as minister for water and power.The NAB suspended its probe into the scandal pending inquiries into the death. It said Faisal, second in charge of the RPP probe, suffered from “mental stress” and “psychological issues”. He had asked to be taken off the case, but the Supreme Court refused a written request on January 7 and ordered he be reinstated.