Complete text of Supreme Court order
ISLAMABAD: Following is complete text of the Supreme Court order on Civil Petition No 357 of 2012, Constitutional Petition No 32 of 2012 and Civil Miscellaneous Application No 2911 of 2012 and CMA-3338/12, etc:
IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
Present
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.
Mr. Justice Jawwad S. Khawaja
Mr. Justice Tariq Parvez
CIVIL PETITION NO. 357 OF 2012 AND
CONST. PETITION NO.32 OF 2012 AND
CIVIL MISC. A. NO. 2911 OF 2012, CMA-3338/12, ETC.
Regional Director ANF vs Rizwan Ahmed & others.
Sh. Rasheed Ahmed vs Federation of Pakistan, etc.
For the petitioners : Raja Shahid Abbasi, ASC.
Brig. Fahim Ahmed, Force Commander, ANF
Lt. Col. Akhtar Abbas, Joint Director.
Mr. Bashir Hussain, Special Prosecutor
Abid Zulfiqar, Dy. Director/IO ANF.
Nemo(in Const.P.32/12)
For the applicants: Mr Muhammad Tanvir (in-person).
(in CMA.3338/2012)
For M/o NRS : Nemo.
For M/o Interior : Khawaja Siddique Akbar, Secretary.
For DRAP : Qazi Abdul Saboor, CEO/DG Health
For M/s Barlex Lab : Nemo.
For respondent No.13: Nemo.
For respondent No.15: Nemo.
For Danas Pharma : Nemo.
For FIA : Nemo.
For NAB : Nemo.
Date of hearing : 09.08.2012.
ORDER
Civil Misc. Application No. 3338 of 2012. – Khawaja Siddiuqe Akbar has filed a statement wherein he had denied the allegations of Muhammad Tanvir, Dy. DG, DRAP. The statement be kept on record. However, in the meanwhile, Secretary M/o Services & Regulations Division informed about the issue of the transfer of Muhammad Tanvir to Gilgit-Baltistan on the last date of hearing. On having gone through the relevant rules and regulations he was of the opinion that the transfer order of Mr. Muhammad Tanvir, Dy. DG. DRAP was not proper, as such the same has been withdrawn and his salaries have also been paid.
The grievance of the applicant apparently seems to have been redressed. We may, however, observe in categorical terms that the concerned authorities of the Division which also include Directorate of Health are not required to pressurize any of the employees persuading them so they may not cooperate in ephedrine case which is under investigation with ANF as being an important case in its nature.
ANF needs cooperation from all concerned to unearth a crime in a transparent manner as it is against this country and society.
2- Qazi Abdul Saboor, DG Health and CEO, DRAP stated that as he has given proposal for transfer of Mr Muhammad Tanvir from Gilgit-Baltistan to Islamabad and due to this reason he has also been transferred but uptil now no notification has been issued.
He stated that the concerned authority wants to appoint a person of their own choice against this post. We have noted the anticipated grievance of the DG but as there is still no notification on record showing his transfer, therefore, no action is required for the time being.
However, in future if so happened at the cost of his cooperation in the investigation in the ephedrine matter, the DG may move an application which shall be decided after having taken into consideration the relevant rules on the subject. The application filed by Mr. Muhammad Tanvir stands disposed of.
CJ.
J.
J.
Islamabad,
09.08.2012.
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