Government reverses transfer of four officials
By: Sohail Khan
ISLAMABAD: The government on Thursday reversed the transfer order of four officials who were members of the investigation team probing the National Insurance Company Limited scam.
In pursuance of the Supreme Court’s order, Acting DG FIA Chaudhry Manzoor Ahmed placed on record the notification canceling the transfer orders of four officials, Javed Hussain Shah, Muhammad Ahmed, Khalid Anees and Muhammad Sarwar.
A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Amir Hani Muslim is hearing a suo moto case regarding the violation of Public Procurement Rules 2004 in procurement of losses of billions of rupees to the public exchequer caused by the NICL scam.
At the start of proceedings, acting DG FIA, Chaudhry Manzoor Ahmed, tried to present the draft of the notification at which the chief justice admonished him and directed him to issue a proper notification and produce it before the court. After the interval, Ahmed presented a copy of the notification according to which the earlier notification was cancelled in compliance with the court’s July 13 order.
The court, however, pointed out to the attorney general that the court had passed on July 7, 2011 an order for the cancellation of the earlier notification, which was not reflected in the notification. On this, the acting DG FIA made appropriate corrections and a new notification was placed on record, complying with the July 7, 2011 directions of the Court.
Ahmed, who has been notified as acting DG FIA, appeared with the notification transferring members of the investigating team headed by Zafar Ahmed Qureshi back to their pre-July 1, 2011 positions. The court, in its order, ruled that the DG FIA had a constitutional and legal duty to comply with the orders of the court as envisaged under Article 190 of the Constitution and had no authority to avoid or defy the orders issued on July 7, 2011 and communicated to him on July 8, 2011.
“The DG FIA has not only violated the judicial order of this court but, ex facie, has rendered himself liable for disciplinary proceedings under the E&D Rules, the court observed in its order.
Before initiating contempt proceedings against him, the court, however, referred the matter to the Secretary Establishment Division, Government of Pakistan, to be placed before the competent authority under the Government Servants (Efficiency & Discipline) Rules 1973, and directed that departmental proceedings against him be initiated forthwith. The court further directed that the result of the proceedings be communicated to the court through the Registrar.
“In the meanwhile, the Secretary, Establishment Division, shall keep this Court apprised of progress in the proposed proceedings taken against Ahmed in this behalf from time to time through the learned Attorney General who shall collect the relevant information the court order said.
The court further said the officers/members of the investigating team, whose transfer orders had been cancelled, had been penalised for conducting an honest and thorough probe of the NICL scam where four cases registered vide FIRs No.24/2010, 29/2010, 46/2010 and 5/2011 were being investigated by them.
The court further ruled that the investigation team had made remarkable progress in unearthing the crimes and instead of appreciating their sincere efforts, which they had made honestly and with full dedication, they were posted out of the province of Punjab to different places as evidenced by the notification of July 7, 2011, issued after the court had already passed the order suspending the notification of April 18, 2011 through which Qureshi was dissociated from the investigation of the case. “The order of the transfers was in fact passed to frustrate the investigation of cases registered vide above-noted FIRs the court ruled in its order.
The court thus directed that a notice be issued to the DG FIA to appear and explain why he shouldn’t have to make payment towards TA/DA of the transferred officers from his own pocket. The court further ruled that an order in this regard would be passed on receipt of his reply.
At the outset of the hearing, the court asked Attorney General Maulvi Anwarul Haq about developments pertaining to his efforts to halt political interference in judicial matters. The hapless attorney general once again sought time from the court, at which Justice Amir Hani Muslim told the AG, “You had already attempted before but did not succeed.”
The chief justice reminded the AG that despite the restraining order of the apex court over the issue of four officials’ transfer as well as on the fate of Qurashi, the government had issued another order, about which the AG had done nothing. Similarly, the chief justice said that DG FIA, without complying with the court’s order, had proceeded for the UK and once again, the AG had failed to do what was expected of a principal law officer.
“Even when the electronic media was used against the judiciary, you failed to take notice of it,î the chief justice told the AG, adding that at least he should have written a letter to the prime minister in this regard. The chief justice observed that institutions should not be let down and that under Article 190 of the Constitution, all executive and judicial authorities throughout the country had to act in aid of the Supreme Court.
“We want to give our children a better Pakistan,” Justice Khilji Arif Hussain remarked. The attorney general sought time from the court to seek instructions from the government. “I will try my best to convey the message to the government in this regard,” the AG replied.
The chief justice observed that it should worry no one that a precedent of bringing back looted money was being established. “This is our country and we can’t bear any losses,” the CJ remarked. He further observed that everyone was trying to protect the person who had deposited 14,000 sterling pounds in a foreign bank. “The court nabs culprits while the government gives them protection,” the chief justice remarked, wondering whether the court should consider this political interference.
Meanwhile, the court directed the attorney general to inform the court today (Thursday) whether the government was serious about avoiding political interference in judicial matters; otherwise the court would constitute a judicial commission to take notice of it.
During the course of the proceedings, the court repeatedly reminded the Attorney General about the observation of the court in its order of July 7, 2011 in which the court had taken notice of newspaper reports in which Qureshi had been given four options and noted that his suspension was the result of political intervention on account of which he was suspended even after the court suspended the notification of April 18, 2011.
The court observed that the matter required a thorough probe through a judicial officer. The court told the AGP that it had made up its mind to appoint a judicial officer to conduct a thorough probe into the matter and submit a report.
The Court, in its order, told the Attorney General the court believed that the institutions should function within their respective parameters and if the court had passed an order which required compliance, it should be implemented; if there were reservations, remedies were available under the Constitution. The court observed that instead of availing the remedies, attempts are being made to defy the order and to make it ineffective. “This act, ex facie, amounts to interference in the independence of the judiciary, the court noted in its order. Meanwhile, the court adjourned the hearing till today (Friday), granting another opportunity to the learned attorney general to seek instructions from the government.
Source: The News
Date:7/15/2011
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