Pakistan

NICL land scam: Court halts action against probe chief

Chief justice directs DG FIA to reverse transfer orders of four other officers investigating the case.

Qaiser Zulfiqar July 08, 2011

ISLAMABAD:

In the latest response to the government’s purported defiance of a judicial order, the apex court on Thursday halted a departmental action against Federal Investigation Agency (FIA) additional director-general (DG) Zafar Qureshi and directed the FIA chief to immediately reverse the transfer orders of four other officials associated with the probe of the National Insurance Company Limited (NICL) land scam.

The court also granted attorney-general Maulvi Anwarul Haq time to nominate a head of a commission to look into Qureshi’s suspension orders, in consultation with Prime Minister Yousaf Raza Gilani, failing which the apex court would appoint a retired Supreme or High Court judge to probe the issue, record evidence and submit its findings.

The attorney-general appeared before a three-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry and submitted the notification of transfer of four FIA officers previously working under Qureshi’s supervision as well as Qureshi’s suspension orders.

Undermining court’s authority

The court observed that Qureshi and his team had been able to recover Rs1.75 billion out of a total of Rs5 billion in the scam and the day the apex court suspended Qureshi’s transfer notification, his team members were transferred to different provinces across the country despite the DG FIA being directed “to extend all necessary assistance to Captain (R) Zafar Ahmad Qureshi for carrying out investigation of the cases.”

The chief justice observed that “the transfer of the officers had taken place in order to undermine the authority of the court and to influence the course of investigation.”

The court would have never questioned the transfer of those officers if it took place under ordinary circumstances, he added. The four officers include deputy director Javed Hussain, assistant directors Muhammad Ahmed and Khalid Anees and Inspector Muhammad Sarwar.

Saving Moonis Elahi

The court observed that purpose behind suspending Qureshi form the post was to hinder investigations and prevent him from apprehending the absconders in this case.

The court cited published newspaper reports that Qureshi was suspended on account of political intervention.

The papers reported that Qureshi was summoned by Interior Minister Rehman Malik and offered four options: to leave the country immediately, to go on a long leave, to tell the Supreme Court in writing that he cannot continue with NICL investigations for personal reasons, or to bail out Moonis Elahi, son of Chaudhry Pervaiz Elahi who leads Pakistan Muslim League-Quaid, coalition partner of the ruling government. In response, the attorney-general was left with no option except to plead for some time to seek instructions from the high ups.

Pressing Qureshi

The court said that under prescribed rules, the minimum time granted for an explanation from an officer is seven days whereas the joint secretary establishment gave Qureshi 24 hours to explain the allegation that he wrote to DG FIA to withdraw transfer orders of his colleagues. The attorney-general submitted that the explanation was not issued under the same rules and its compliance, therefore, was not mandatory. The explanation was sought to know the officer’s stand, he added.

The court proposed the names of Justice (retd) Rahmat Hussain Jaffary, Justice (retd) Raja Fayyaz, Advocate Dr Pervez Hassan and former DG FIA Tariq Khan Khosa to be appointed as head of the commission to look into Qureshi’s suspension. The hearing was adjourned till July 13th.

Published in The Express Tribune, July 8^th, 2011.

COMMENTS (25)

M A Shuja | 13 years ago | Reply

To the journalist (Qaiser) and other readers who may have the know-how / resources to pull this off.

Why dont one of you start an online petition seeking intervention into this case? It is odd, but since this cover up is taking place at the highest levels of the country we we would need some sort of 'pressure' from outside the country. Address the petition to:

Ch Justice of the Pk Supreme Court, United Nations Secretary General, OIC Secretary General, ECO Secretary General, Chairman of the International Foundation for Electoral Systems, COO of USAID. Heads of IMF, World Bank and Asian Development Bank Head of the US Congress (which is against giving us aid which is then stolen for personal gain)

Make the petition, use this newspapers electronic means (and other newspapers elecronic platforms to encourage people to sign on). Once you have enough people, and you will as this is fairly anonymous and people will not be scared, start emailing the addressees of the petition through your newspaper for comments. Doing something like this will atleast allow some international attention and the people involved will have to be a bit worried about how much they can cover up. If foreigners can comment on the murder of a journalist, why are we not encouraging them to comment on help us prevent the murder of our economy and the plundering of our resources.

syed | 13 years ago | Reply

If our Civil Servants can rise from their seats, like lawyers did for the restoration of the CGP. They form a unified pressure group and show unity and anger against government towards Zafar Qureshi, who has been an honest state servant. They must act now otherwise, one day they might meet the same fate. Civil servants are employees of the State and not of the government of the day.

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sajjad dhillon | 13 years ago | Reply

@Lalai: I salute to mr qureshi to stand against corruption and powerfull most corrupt political leadership.very few officers in our country like youi.Be brave and step forward mr qureshi the whole nation of pakistan with you.I think in this time the present regime of pakistan is the most most corrupt in the world history.I always prey for qureshi that may god give him courage.

pakistani | 13 years ago | Reply

@shuja there thousands other civil servants paid to do the same but they don't.most are corrupt. though there are many other honest people but they need right guidance and support. like in this nicl case we can see other members of mr qureshi team also being transfered as they were also doing there jobs properly and did ot bend against govt. it is very rare that a officer takes stand against govt or powerfull. so if mr qureshi fails no one will again dare to stand up for justice. and if succeeds this will be a turning point for Pakistan future.where other civil servants will idolize him and get courage to stand against wrong and powerfull.

shuja | 13 years ago | Reply Mr.Pakistani.No one can deny the services of Zafar Qureshi.He was supposed to do all this because he was paid from taxes this nation paid.He is a part of Civil Services of Pakistan.Hundreds of other civil servants may be working as honestly as he.The only problem is that only he is being given celebrity fame by certain so called non political elements on the behest of certain behind the scene political elements to use him in future sometime after his retirement .Man on the road may be illiterate but can understand every thing.Unfortunately it seems that present judiciary , decides by reading newspapers and listening to talk shows instead of limiting to aurguments and documents.

Mirza | 13 years ago | Reply Instead of becoming both prosecutor and Judge, the SC can do a lot more. Here is just one example of what SC judges can do to change the lives of kids in the country. I am not against CJ or SC, all I wish is they all work under their own areas and not interfere with each other. The SC is much better than it used to be. Here is an example what SC and CJ can do: This may be old news (2003) but still an example, how democracy and independent judiciary can make a difference in the lives of poorest of the poor especially kids, the future of the country. http://news.bbc.co.uk/2/hi/southasia/2856935.stm Here is a copy of an email that I sent to my friends not too long ago, every Pakistani especially who do not understand or appreciate democracy which brings transparency and free judiciary watch the movie with open mind: Friends what a difference Indian Supreme Court and the democracy has made in India! Pakistan has had higher per capita income than India but their the poor kids are left for extremists and madarsas. Parents cannot feed their children so they are more than happy to send them to madarsas where they not only get the "education" but also food. Here the Hindu religious organizations are bringing food to the schools and not taking kids away from them! While we have several times more judges in the Supreme Court of Pakistan than even the US and the richest generals in the world, our kids are the poorest and malnourished. This clip made me very sad and emotional. We are going in the wrong direction and there is no stopping. It is an eye opener to say the least! http://www.youtube.com/watch?v=f227UYDJ7EU&feature=playerembedded

paindo | 13 years ago | Reply simply supreme court is the only hope in this country. great respect for CJ and its team committed to serve justice..

pakistani | 13 years ago | Reply @shuja Zafer Qureshi's brother contested election on ticket of ppp in last election and was supported by pml Q.at that time just before coming to FIA he was made osd by punjab government.Moreover he also conducted a inquiry of PML N on murder conspircy of killing CJ lahore and is recently conducting inquiry of MNA OF PML N anjum aqeel in police foundation case and has recovered around RS 6 billion from him.THIS OFFICER has almost recovered 9 BILLION in last few months.which was looted by pml n ppp and pml q. so please stop blaming him for being bias when someone is doing his job with honesty and FOR SAKE OF PAKISTAN NOT ANY POLITICAL PARTY.

Mirza | 13 years ago | Reply @Lalai: Very nicely put it. Paksitanis are always looking for a few good people at the top and not the whole system. People come and go but the system should be stable and in place. We need leadership from bottom up and not the top down like Kings, Sheiks, and dictators. Thanks and regards, Mirza

Mirza | 13 years ago | Reply @shuja: There are three branches of govt in every civilized and democratic country. The executive, who makes all the appointments and rules the country, The legislature makes the laws and controls the budget and other affairs as oversight. The judiciary interprets the constitution, should there be a constitutional problem. These three branches work within their rights and expectations. The executive is what we call the govt and rules the country in every sense of the word. They make all appointments (no exception) including the SC judges and ambassadors. The role of judiciary is limited to interpret the constitution and “judge” all the cases that govt brings to the lower courts. In other words, there are govt appointed prosecutors, defense lawyers and neutral judges. In a civilized and democratic country if the judges have any connection either with the prosecution or defense lawyers, the case becomes null and void. The judges have to excuse themselves if they had any connection with either of the side. For example, in a murder case it is not the judge(s) who try the case, but the govt against the defense and the neutral judge makes the decision. In addition all cases are tried in lower/trial courts that can later be appealed in the state/provincial High Court. After the HC decision, if there is enough meat in the case an appeal can be filed in the SC, which only makes sure that the lower courts have followed the constitution. It never happens that a case actually starts and tried in a SC of the country. Even an urgent case of national importance like the presidential election of Gore vs. Bush was first heard in Florida HC and only after its decision; it was appealed in the SC of USA. In Pakistan, the SC has been degraded itself to the trial court, thus doing away two things. The powers of state HC and the right of the alleged to appeal to a higher (SC) court have been taken away. You are very right to say that the CJ of Pakistan wants to be a prosecutor and judge at the same time and closing the doors for any appeal to a higher court. During Bush’s term, he did not disclose several meetings with oil executives and other war related activities and claimed executive privileges and the SC did not interfere. Not only the president but also Dick Cheney’s office also successfully claimed the executive privileges. The electorate do not elect their representatives only to be shot down by the unelected (in Pakistan’s case self appointed) PCO judges. I am sorry to say but Pakistan is not going to change, unless all the general’s and judge’s appointments are transparent and they are publically interviewed on the TV by the elected representatives of people. However, many Pakistanis simply hate democracy and they want leader/judges/generals all come from the top and not from the bottom up in front of public scrutiny. No wonder East Pakistan, Abbottabad and Shamsi Airbases would keep happening.

Neelum | 13 years ago | Reply @ Pakistani Expecting the elected government to take care of values, emotions and aspirations, when it has failed to fulfill basic NEEDS of people, is a fanciful dream.

A Pakistani | 13 years ago | Reply @shuja: Elected representatives are supposed to be directly responsible to take care of aspirations of the people. Don't expect any such thing from Judiciary.

bashir | 13 years ago | Reply @Much Amused: well done Chief Justice Choudhry. These corrupt people shud be dealt with iron hand.Whether is is nawaz sharif,Pervaiz Illahi, Moonas or Zardari, they all shud go behind the bars

Shahid Aziz | 13 years ago | Reply Amin Fahim - time to run to Dubai. Qureshi is coming for you - nowhere to run

shuja | 13 years ago | Reply The judiciary is strongest piller of state this time but they should remain within limits.If the government is cornered again and again it is bound to react.Better present CJ becomes president of Pakistan in this country,then there will be no foulplay.Unfortunately judiciary has made no positive impact on common man sufferings except giving celebrity fame to Zafar Qureshi who will definitely be elected on N ticket to whom is brother Mazhar Qureshi is strongly connected.

A Pakistani | 13 years ago | Reply @Lalai: Would you please name just one single individual who is "accountable to people directly". Who is credible enough so that people can believe what he says/does.

QB | 13 years ago | Reply We should support supreme court. What a shame that people start blaming the courts when they try to stop the government from corruption. What do you all want? ---- do want SC to just sit idol and let government get away with all corruption? than people will come blaming again on SC that it does nothing against the strong people.

Ikram | 13 years ago | Reply When will the forces of status quo let go. When will we be liberated.

Ali Turk | 13 years ago | Reply The present government has to reflect: let proper inquiry be done in NICL case or play games and bury the inquiry. I feel this is the test case to show whether the law prevails or political wishes? .

ba ha | 13 years ago | Reply Freeze their pay cheques and confiscate their cars. They will learn to do their job like PROPER SERVANTS

Imran | 13 years ago | Reply A few people think they are the saviors of the country and without them the country would fall. Military dictators thought the same, now judicial dictators acting the same.

innocent | 13 years ago | Reply @Lalai: "We need strong institutions and not strong personalities." better let this know to those who are accountable to people directly, Zardari and Nawaz.

Lalai | 13 years ago | Reply Congratulations!. I think CJ should take another oath of PM of Pakistan. If the whole FIA is dependent on just 4/5 "HONEST" officers, then it is good time to send the rest packing for jail. Once again authority seems to be going in the hand of those who are not accountable to people directly. We need strong institutions and not strong personalities.

A | 13 years ago | Reply I hope at least this time justice is served. All corrupt politicians and the so called law makers of this country have looted and plundered this country mercilessly so lets hope this is the turning point in history!

Much Amused | 13 years ago | Reply Score: PPP = 2 SC = nil Keep watching the tamasha.

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