ISLAMABAD:
An irked Supreme Court has expressed its displeasure over the non-implementation of its orders in the Hajj scam case — specifically about the repatriation of investigation officer Hussain Asghar from Gilgit-Baltistan (G-B) to the Federal Investigation Agency (FIA).
While ordering Asghar’s retransfer, the court also sought a cancellation notice of his appointment as the Inspector General (IG) by June 5. If the directives are not followed, the court will summon the interior and establishment secretaries to explain the flouting of its orders.
The bench warned that if Asghar is not reappointed in the FIA, action would be taken against officials responsible for violating court orders.
Asghar had been tasked to investigate the Hajj corruption case and is currently serving as the IG police of G-B.
On Thursday, a three-member bench of the apex court headed by Chief Justice Iftikhar Mohammad Chaudhry gave these directions while hearing the suo motu case on alleged corruption in Hajj quota allocations.
The bench noted that its orders dated August 26, 2011 and May 2, 2012 – through which the interior ministry was directed to cancel the transfer of the Hajj corruption case probing officer – had not been complied with. During the course of proceedings, the bench asked Deputy Attorney General Mohammad Shafi Chandio to explain why the orders were not followed.
Chief Justice Chaudhry recalled that former establishment secretary Sohail Ahmad had cancelled Asghar’s transfer notification but the interior secretary had delayed the implementation process despite the fact that there were clear directions for him to dispose of this matter as soon as possible.
The bench observed that there were precedents set in the past in which transfers of police officials were cancelled by concerned authorities without seeking consent of these officers. The court also stated that these officers were serving the federal government, which had full authority to transfer and post them wherever required.
“There were precedents set in which under the court’s directives, such transfers were withdrawn,” the chief justice pointed out.
The court asked the interior ministry to appoint another counsel because Babar Awan’s licence had been suspended. “Therefore, the federal government should appoint someone else as their lawyer.” The bench also stopped FIA legal director Azam Khan to offer an explanation over the issue on behalf of the interior secretary.
Chief Justice Chaudhry remarked that FIA officials should represent their body instead of other departments or officials.
The interior secretary, had earlier, submitted a report stating that Asghar could not be reappointed as the probing officer in the Hajj scam case because of the deteriorating law and order situation of G-B.
The chief justice observed that Asghar showed “positive progress” in the probe and ordered the interior ministry to cancel his transfer and bring him back to the FIA.
Published in The Express Tribune, June 1st, 2012.
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Judge sahib, please go home. No one takes you or the SC seriously as an institution. You above all and the rest of the Judges are equally responsible for bringing us to this stage. Many opportunities you had of making a difference in the lives of people by giving a verdict that made a law just, good and universal. But all of you have lacked courage. "Better to live a day of a Tiger than 100 days of a Jackal" said Tippu Sultan. Tippu lives in our hearts even now, but you are already forgotten, says Baby.