The Supreme Court on Thursday has restrained executive authorities from the transfer and postings of officers in investigation and prosecution branches in high-profile corruption cases as it started suo moto proceedings over the matter.
The court ordered that no such case would be withdrawn either.
A five-judge larger bench headed by Chief Justice of Pakistan Umar Ata Bandial has issued notice to the FIA director general, NAB chairman, head of all prosecution branches, and others to submit their statements regarding interference in prosecution and investigation in high profile cases wherein top government functionaries, including PM Shehbaz Sharif and Punjab CM Hamza Shehbaz are accused.
During the hearing, the CJ-led bench said the court wanted to "ensure transparency" in the criminal justice system. It asked the government to submit a response on transfers made in the prosecution departments of NAB and FIA as it sought records for the past six weeks.
The bench asked both agencies to check and verify the record of high-profile cases.
The court also asked the authorities to seal records regarding the high-profile cases after reviewing them. The attorney general said the sealing of the record would delay the cases. The bench said the court was not asking to seal the record of the cases being heard but the only record pertaining to the prosecution.
The bench also expressed serious concern over the removal of "thousands of names from ECL". The court sought a complete list in this regard. The court asked the FIA DG to submit a reply on the transfer of prosecution officer Sikandar Zulfiqarnain in a graft case against the premier.
During the hearing, the CJP asked AGP Ashtar Ausaf read out material regarding the posting and transfer of officers in investigation and prosecution branches in high-profile cases. The CJP expressed concern over the death of FIA officer Dr Rizwan.
“We are concerned that these developments indicate interference in the criminal justice system. The process should be transparent," he added,
He said that the highest officeholders were accused in these cases and expected that the federal government would cooperate and explain these facts.
The CJP also referred to the media report that the record of NAB has disappeared. “We don't want to embarrass anyone. We just want to protect the criminal justice system,” he added.
The hearing has been postponed till Friday.
Suo moto notice
On Wednesday, Chief Justice Umar Ata Bandial took suo motu notice of the alleged interference in the affairs of prosecution and investigation in pending criminal cases involving persons in high authority in the present government.
A five-member larger bench led by the chief justice himself took the matter. Other members of the bench include Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi and Justice Muhammad Ali Mazhar.
According to a statement issued by the Supreme Court, the chief justice took the suo motu notice on the recommendations of Justice Mazahar Ali Akbar Naqvi. "It is apprehended that such perceived interference may influence the prosecution of cases, tampering/disappearing of evidence in courts or in possession of prosecuting agencies and transfer/postings of officers on key posts,” the statement read.
“Such actions, along with media reports to modify accountability laws, are likely to undermine the functioning of the criminal justice system in the country and that [is] tantamount to violation of fundamental rights affecting the society as a whole and eroding the confidence of the people in the rule of law and constitutionalism in the country.”
