News
Friday, March 29, 2013
Letter to CJP for constitution of commission in RPPs caseSC issues contempt notice to former PM
* Court says writing a letter is tantamount to influencing the court and interfering into its ambit
* Raja has written letter as prime minister, not an ordinary citizen
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Thursday issued contempt notice to former prime minister Raja Pervaiz Ashraf for writing letter to Chief Justice Iftikhar Chaudhry for constitution of a commission headed by Dr Shoaib Suddle to investigate the rental power projects scandal.
The three-member bench, headed by the chief justice, issued notice to the former prime minister under Article 204 of the constitution, read with section 3 of the Contempt of Court Ordinance 2003, asking him to file a reply as to why contempt proceeding should not be initiated against him. This is the second time that the court has issued contempt notice to Raja Pervaiz Ashraf. Earlier, he faced contempt proceedings in the NRO case but the court had withdrawn contempt notice against him after he agreed to write letter to the Swiss authorities for reopening of cases against President Asif Ali Zardari. It is worth mentioning that on the first hearing of this case on March 12, the court had issued notices to the petitioners and the NAB chairman but, now, has decided to issue contempt notice to the former prime minister.
The bench observed that writing a letter is tantamount to influencing the court and interfering into its ambit. “It was possible for Raja Pervez Ashraf to appear in the court personally and argue his case instead of using his office and position as prime minister,” the court ruled in its order.
The court observed that if not noticed, it could become a precedent. “It’s time to distinguish that there is no difference between high-ups and the common citizen,” the court ruled. The court further ruled that Raja Pervez Ashraf had already exhausted all legal remedies and he knew all the facts of the RPPs scandal. “Therefore, we direct to issue notice to Raja Pervez Ashraf under Article 204 read with section 3 of the Contempt of Court Ordinance 2003 to file a reply as to why contempt proceeding should not be initiated against him.”
Earlier, Wasim Sajjad, counsel for the former prime minister, told the court that his client had sent letter to the chief justice through registrar office as an ordinary citizen.
The chief justice, however, told the counsel that the letter was also signed by the principal secretary of the prime minister. He remarked that the letter is apparently an intervention in the judicial proceedings. Wasim Sajjad contended that his client was facing difficulties due to the RPPs case and that is why the letter was written. On this, the chief justice said that everyone in this country was facing commotions.
‘Why Raja Pervaiz Ashraf is trying to influence the judges?” the chief justice questioned. The court has already issued order in the RPPs case that has to be implemented in any case, he added. The chief justice further said that if the court accepts his request, every future president and prime minister will write to the chief justice and the world would accuse the court of being influenced. Wasim Sajjad said that thousands of citizens write to the chief justice on daily basis to seek justice, to which the CJ remarked that Raja Pervaiz Ashraf had written the letter as prime minister and not as an ordinary citizen.
The court adjourned the case for two weeks.Courtesy www.dailytimes.com.pk