IGP transfer case: JIT says Azam Swati misused his authority

Submits 33-page report to SC; says minister’s claim about cow grazing false, fabricated

ISLAMABAD: A joint investigation team (JIT) has found that Federal Minister for Science and Technology Azam Swati misused his authority that led to police taking discriminatory action against some private citizens, whose cow allegedly entered and grazed in Swati’s properties.

The three-member JIT noted this in its 33-page report submitted on Thursday to a three-judge Supreme Court bench hearing a suo motu case against the Islamabad top cop’s transfer.

The JIT was formed by the apex court to probe into the circumstances that resulted in transfer of Islamabad police chief on the prime minister’s oral instruction apparently on Swati’s complaint.

The probe team was headed by the National Accountability Bureau (NAB) Director General Irfan Mangi and included Mirvais Niaz and the Intelligence Bureau (IB) Deputy DG Ahmed Rizwan.



“After considering the oral and documentary evidence available on record so far, the JIT is of the opinion that the stated position of the Swati family, their servants regarding cow grazing has no basis.. and thus found to be false, concocted, fabricated, inconsistent and factually incorrect,” it said.

The JIT said Swati was given special treatment by the relevant authorities. Moreover, by virtue of his post, he wielded influence on authorities that led to arbitrary and discriminatory treatment to the private citizens – Niaz Muhammad family – at the hands of the police.

The report said statement of Minister of State for Interior Shehryar Afridi before the JIT is ‘eye opening’ to the effect that when he visited the spot even Swati did not inform him about the full facts of the case.

On Thursday, the SC bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar gave Swati till Tuesday [December 2] to submit his reply to the JIT report. While directing Swati to explain his position in view Article 62 (1) (f), the top judge questioned his qualification to be a minister.

However, the minister’s counsel Ali Zafar termed the report as ‘one-sided’ and requested the bench to grant more time, adding that his client is abroad to attend an atomic energy conference. The bench said after such findings, his representation is doubtful and asked the counsel to give response till Tuesday.

The apex court while exercising quo warranto jurisdiction has disqualified dozens of lawmakers on different grounds like concealment of assets, fake degrees and dual nationalities.

The superior judiciary while interpreting the same article held in its few rulings that the same constitutional provision can be applied on the misuse of authority by the representatives of people.

Though no lawmaker has been disqualified so far by the apex court on the ground of misuse of authority but the court is repeatedly mentioning the applicability of Article 62 (1) (f) after DPO Pakpattan case, in which Punjab Chief Minister Usman Buzdar narrowly escaped after tendering an unconditional apology.

Swati is facing a similar charge of misuse of authority.

JIT report

The JIT report said during the course of investigation, Swati family entirely changed its position and stated that the cow grazed inside the farmhouse while entering from rear gate.

“The reason behind change in stance consequent to notice by the SC and constitution of the JIT is quite obvious. Fact of the matter as has transpired during investigation… is that the adjoining area where allegedly cow grazed is part of land of CDA’s Orchard scheme and Swari family had no concern whatsoever with the said land.



“Hence it is also tantamount to/implies the admission on the part of the Swati family about the illegal occupation of CDA land.” The report said it was an ordinary scuffle on trivial grounds outside his farmhouse. However, Swati reported it as an ‘attack’ on his farmhouse.

“He, by virtue of and in the context of his office as senator/ federal minister created a false impression of serious attack which triggered the police hierarchy from top to bottom into motion” and “influenced the actions of police authorities leading to arrest/detention of women and children of Niaz family.”

On consideration of the assertions made by both the sides and the materials on record, the JIT found that the police since inception of the occurrence did not hold the investigation in a just and fair manner.

“In view of the circumstances, actions and inactions by the police pursuant to the FIR, one can easily conclude the deliberate negligence of police officials in proceeding with the investigation. In fact the police have colluded with the Swati family in furtherance to their designs,” it added.