ISLAMABAD - The constitutional experts have divergent views about the Supreme Court’s order in which National Accountability Bureau (NAB) has been directed to arrest of all those involved in the Rental Power Plants scam.
Yasin Azad, former President Supreme Court Bar Association, opined that after the Supreme Court’s order there is no legal bar for the arrest of the prime minister and others. He said no one would have courage to arrest the prime minister, adding after the Supreme Court’s order the PM should himself resign. Sadar Ishaq, who defended CJP’s son in a case deal between Arsalan and Malik Riaz, said constitutionally Raja Pervaiz Ashraf is still the prime minister, but morally he should resign now, as after the apex court’s order he has no justification to remain as the chief executive of the country. The charges against the incumbent premier are not normal in nature but are of corruption.
Raja Pervaiz Ashraf served as the minister of water and power and information technology in the federal cabinet from March 2008 to June 2012.
In March 2012 the Supreme Court declaring the RPPs contracts null and void directed the NAB chairman to proceed against ministers and secretaries for water & power holding charge in 2006 and onward and from 2008 to onward, during whose tenure the RPPs were approved/set up and minister as well as secretary finance holding the charge when the down payment was increased from 7% to 14% and submit fortnightly progress report to Registrar for perusal in chambers.
Athar Minhallah, a senior lawyer, said that the prime minister is accused so far and not the convict. He further said that trial has to be conducted by the court and after that he could be declared convict. He said nowhere in the SC the name of prime minister has been mentioned.
He said the NAB has its own law and its chairman was empowered to see whether the references against PM and other persons involved in the RPPs should be sent to the Accountability Court.
The Supreme Court on Tuesday has directed the Additional Prosecutor General, NAB that he should undertake all the necessary steps during the course of day and submit Investigation Reports to the concerned authorities and to get approved the challans/references against the accused persons and to cause their arrest without any hesitation and put up report on 17.1.2013.
Raja Amir Abbas, former additional prosecutor general NAB, said that the Supreme Court had directed the NAB to arrest and the order is very clear. The prime minister and others should get bail from High Court or Session Court or to challenge the order and claim immunity. The NAB has presented its detailed report before the court, he said.