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Judicial Commission on BB's Swiss Accounts

SC asks AG to produce copy of EC decision

RECORDER REPORT

LAHORE: A full bench of the Supreme Court has directed the Attorney General of Pakistan to produce a copy of the decision of the Ehtesab Bench of the Lahore High Court, in which it had ordered to constitute a Judicial Commission to examine the record relevant to Benazir Bhutto's Swiss accounts.

The full bench, commenced hearing an appeal of the Opposition Leader and former Prime Minister Benazir Bhutto in the SGS reference, headed by Justice Irshad Hassan Khan and comprising of Justice Raja Afrasiab Khan, Justice Khalil-ur-Rehman Khan, Justice Sheikh Ijaz Nisar and Justice Muhammad Arif Chaudhary.

The bench ordered the Attorney General of Pakistan, Ch. Muhammad Farooq to produce all the necessary records of the said reference in the court on Thursday. The court further directed him to submit answers to queries raised by the bench as to when a written application was filed by the appellant, Benazir Bhutto before the Ehtesab Bench and what orders were passed on it by the bench, what proceedings took place and under what circumstances and authority, the reply was filed by the special prosecutor.

Benazir Bhutto's senior counsel Syed Iftikhar Hussain Gillani apprised the court about the history of the reference. He contended that Ehtesab Bench had constituted a Judicial Commission, for which they filed an application challenging its legality.

He contended that the Ehtesab Bench had not heard Benazir Bhutto and given a one sided decision about the constitution of Judicial Commission in violation of rules, laws and provisions of the constitution. He said it appeared that the cell had been assigned the task of getting Benazir Bhutto disqualified from membership of the National Assembly.

He submitted that Benazir Bhutto had filed an application before the Ehtesab Bench challenging the validity of the document produced by the cell before the bench.

The bench neither issued any notice to the parties nor gave her chance to present her point of view and its Registrar informed her counsel through a fax massage that the EB had constituted the commission.

The court asked him whether he raised this point before the Ehtesab Bench or not. The court observed that it was not understandable as such and the examination of the decision of Ehtesab Bench and relevant records were necessary. The court further observed as to how a person could be directed to submit his/her reply or appear before the court who was not made a respondent in the petition.

He contended that the documents produced by the cell were absolutely fake and concocted but no order was issued on it. At this stage, the bench asked the special prosecutor Ali Sibtain Fazli to let the court know as to what orders were passed on it.

The bench observed that if the application was against the Federal Minister for Law or Senator Saif ur Rehman, the reply had to be filed. The bench observed that it appears the Ehtesab Bench had ordered constitution of a Judicial Commission on a verbal request.

Justice Irshad Hassan Khan observed some order should have been passed on the filing of application in the Ehtesab Bench and reply from the other party must have been sought. Iftikhar Gillani submitted that no reply to the application was filed by the federal government.

The case was adjourned till Thursday.