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.
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 8th, 2011.
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 8th, 2011.