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The notification was issued on last day by the Pakistan People’s Party (PPP) government on Saturday on the basis of a letter sent to the President by NAB Chairman Admiral Fasih Bukhari levelling allegations against the Supreme Court.
Chief Justice Iftikhar Mohammed Chaudhry on Tuesday expressed his annoyance over the move and asked government counsel if it was meant to superimpose a body over the court. The chief justice said the circumstances surrounding the notification reflected that the government believed the judiciary to be a subordinate institution of the executive.
The chief justice directed that concerned documents be presented before the court in order to determine who ordered the formation of the commission.
The chief justice said the NAB chairman was already facing contempt charges over his letter to President Asif Ali Zardari.
Joint secretary law told the court that the notification for the formation of the commission, comprising former Supreme Court judges Mukhtar Junejo and Nawaz Abbasi, was issued following the presidential reference, adding that the notification had been withdrawn.
Earlier, the ministry of law withdrew the controversial notification with a spokesman saying it was “issued by mistake”.
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