CJ wants DG FIA in handcuffs
ISLAMABAD: While DG FIA Tahseen Hassan Shah yet again failed, despite repeated orders from the Supreme Court, to turn up at the hearings for the NICL and Haj scam cases, the government on Monday admitted that Mohsin Habib Waraich and the other accused had transferred a huge amount of 1.3 million pounds sterling from the National Insurance Company Limited (NICL) to the United Kingdom.
The court also reserved the matter pertaining to the reinstatement of FIA Additional Director-General, Zafar Ahmed Qureshi, who was probing the NICL case before being transferred. The court took strong exception to the fact that the DG FIA had not turned up before the court despite repeated orders. In this regard, the CJ asked Secretary Establishment Sohail Ahmed to suspend the DG FIA and arrest him. “Should we issue an arrest warrant or are you going to produce him?” the CJ asked the Secretary Establishment.
A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhamamd Chaudhry, Justice Tariq Pervez and Justice Ameer Hani Muslim, was hearing a suo moto case regarding the violation of the Public Procurement Rules 2004 with regard to losses of billions of rupees to the public exchequer in the NICL scam.
During the hearing the CJ observed that the court had to protect every penny of the state. “The law must take its course irrespective of who is who,” the chief justice remarked.
On July 14, the court had directed the attorney general to seek instructions from the prime minister regarding the status of Zafar Qureshi’s reinstatement. Qureshi is facing disciplinary action despite the apex court’s instructions that the concerned authorities refrain from initiating disciplinary action against him until the matter is brought to the court’s notice.
Despite repeated directions, Attorney General Maulvi Anwarul Haq could not file the reaction on behalf of the PM through the principal secretary establishment and secretary interior in connection with Qureshi’s reinstatement.
The chief justice directed the attorney general to inform the court which authority he had contacted so for in this regard and to submit replies if he had received any. The court also took strong exception that DG FIA Tahseen Hassan Shah had not turned up before the court despite repeated orders. In this regard, the CJ asked Secretary Establishment Sohail Ahmed to suspend the DG FIA and arrest him. “Should we issue an arrest warrant or are going to bring him?” the CJ asked Secretary Establishment.
During the hearing the Registrar’s office submitted a report stating that the DG had gone to Karachi. Sohail Ahmed also informed the court that he had contacted the DG FIA but he was not available. He added that he had also contacted his staff officer Waseem Ahmed who was in Lahore and left his number, directing him that the moment he get in touch with the DG, he should ask him to get in touch with the secretary establishment.
In response to a court query, the secretary establishment said a summary had been moved before the competent authority against the DG FIA but no response had been received thus far. “Has no action been taken so for in this regard,” Justice Ameer Hani Muslim asked.
The CJ observed that it seemed that Azam Khan, Director Legal, FIA had also been asked not to appear before the court and that he had also been transferred to Quetta. “We have empowered Qureshi to probe the NICL scam; so how could he be suspended?” Justice Tariq Pervez wanted to know.
The AG however said that Qureshi was suspended on the basis of a letter he had sent to the FIA, asking for the reinstatement of his four assistants in the case. The CJ asked the AG to tell the court if Qureshi had given anything to any TV channel that was against the interest of the department. “You people consider Zafar your enemy and took action against him such that you forced him to leave the NICL investigation process,” said the CJ.
During the hearing the CJ also asked the AG how huge amounts of money belonging to the national exchequer could be transferred abroad. “An honest person was recovering the looted money but he was not being allowed to do his job,” said the CJ. “Even the court has faced political interference in its matters and advertisements were run on the electronic media to undermine the authority of the judiciary,” the CJ recalled.
Earlier, Secretary Information Tanvir Azmat Usman in pursuance of the court’s earlier order submitted a report pertaining to the advertisements run on the electronic media. The court however expressed dissatisfaction over the report and observed that it knew all too well that Pemra was responsible for controlling the electronic media.
“We didn’t ask about the power of a democratic government but we have to take action as per the law”, the CJ said, asking the Secretary Information to pin-point the responsible person who gave these advertisements to the electronic media. “Tell us who gave these advertisements; Pinpoint the person who has done this”, the CJ asked, directing the Secretary Information to file it another report with the Registrar’s office.
During the hearing the CJ asked the AG under what provisions Qureshi was suspended. The AG replied that Qureshi was suspended under the Civil Service Rules. Zaka Ullah, Section Officer added that Qureshi was suspended on the orders of the prime minister. Meanwhile the court adjourned the hearing.
In another hearing on Monday, the Supreme Court also ordered the restoration of the previous FIA team that was investigating the Haj corruption case.
A six-member larger bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Mian Shakirullah Jan, Justice Khilji Arif Hussain, Justice Tariq Parvez, Justice Amir Hani Muslim and Justice Ghulam Rabbani, heard the suo moto case regarding corruption in Haj arrangements in 2010.
The court directed the Establishment Division secretary that he should immediately issue transfer orders of Hussain Asghar as director FIA, enabling him to resume his duties and continue to investigate the case. The court said if this was not done, the Establishment Secretary should appear before the court and face proceedings for non-compliance of the order.
The court also directed the Establishment Secretary to put up the list of the officers available at the time when Hussain Asghar was posted as IG Gilgit Baltistan. The court, in its order, observed that it seemed that in order to disassociate Asghar from the present proceedings, he was posted out. The court said Asghar was conducting investigations into an important case in which not only pilgrims had been looted but a bad name had been brought to the country.
The court further observed that after Hussain Asghar was posted out, no further progress had been made in the case. The court directed that after the issuance of the notification reinstating the previous investigation team, the DG FIA should provide Asghar, along with his team, every cooperation and assistance.
The court, in its order, recalled that during the last hearing of the case, the Secretary Establishment had confirmed that the sparability report of the officer had been received from the DG FIA through the Interior secretary. He was posted out upon getting a positive reply from him. It further recalled that the Establishment Secretary and the FIA director general had sought some time to approach the competent authority for re-posting Hussain Asghar to the FIA.
On Monday, the court observed that its orders had not been implemented due to which no progress in the Haj scam case had been made. The CJ said that the court had time and again politely expressed its desire that a person capable of delivering on his duties must be allowed to carry out investigations, but it seemed that the court’s orders were being flouted intentionally and repeatedly.
Earlier, during the course of the hearing, the chief justice said that whoever violated the court’s orders would be jailed first and heard later. The CJ said that the court had ordered action against investigating officer Javed Bukhari within four weeks, but two months had passed and court orders had not been implemented yet. The court ordered that the previous investigating team be reinstated and a notification be issued in this regard.
The chief justice further observed that whenever progress was made in any case, the concerned officials were transferred. The chief justice said Hussain Asghar was an honest official, and had paid for this through his transfer. He said that the government was bent on delaying corruption cases on many pretexts.
The CJ remarked that former establishment secretary Rauf Chaudhry should be sent to jail. He also criticised the absence of DG FIA at the hearing and ordered him and the Establishment secretary to appear before the court Tuesday (today) and adjourned the hearing.
APP adds: The Supreme Court on Monday reserved its judgment, to be announced in a day or so, over the suspension of Qureshi, tasked to investigate the multi-billion NICL scam.
A three-judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Amir Hani Muslim noted in its order that despite clear instructions by the Court, the Attorney General for Pakistan could not submit reactions of the concerned authorities.
The bench also noted that Director General FIA Tahseen Hassan Shah did not appear and submit a report before the court, which he was required to do in pursuance of the court’s directive of July 14. A comprehensive report over the stance taken by the FIA DG was also compiled by the Registrar office and submitted, it added.
The Chief Justice told Molvi Anwarul Haq that the court would announce its verdict shortly, in a day or so. Earlier at the outset of proceedings, the bench expressed its displeasure over the continuous absence of the DG FIA and the stance taken by his staff about his presence. A report by the Registrar office was put before the bench during proceedings, saying that DG FIA’s subordinates took different stance about his absence. The Office was told that he had left for the apex court, but was then informed that he would be leaving for Karachi. His cell phone was not responding, the report said.
The CJ summoned secretary Establishment Division Sohail Ahmed who was present in the courtroom and asked him to contact DG FIA after which they would pass an order. After some time, the secretary Establishment Division apprised the bench that the DG’s cell phone was non-responsive but that he had asked his staff officer to contact him and inform him of the court’s directives.
Responding to another question, the AG maintained that he had communicated the court’s verbal message to the concerned authorities including the PM, minister for interior and others to file reactions over the issue. He requested the bench to grant him some time so that he could contact them. The bench asked him to submit the request in writing
The CJ observed that no progress had been witnessed in the case after the transfer of Qureshi and the four officers. He said, “The law must take its course whosoever may be involved. Why are you not taking interest in recovery of your money; after all you are also tax payers of this country.”
He said that a report submitted by Qureshi had admitted that an amount of 1.3 million pounds waslying in two accounts abroad and the money had traveled from NICL accounts. He also questioned how disciplinary action was taken against Qureshi under Efficiency and Disciplinary Rules of 1973. He said prima facie, the court could assume that its order of July 1 was undone with the suspension order of Qureshi on July 2.
The CJ said so far the court could not get a complete picture of the four main FIRs registered in NICL case. “People are not realising the consequences of political interference. What will you expect from the bureaucracy when you continue humiliating them. They are the real steelwork of governments and you are supposed to protect them. They are your eyes,” he observed.
The bench also directed secretary ministry of Information and Broadcasting Taimoor Azmat to submit a specific report regarding persons involved in the running of advertisements against judiciary on TV channels.
Source: The News
Date:7/26/2011
” 
” 
” 
” 
” 
