NICL scam: Govt refuses to reinstate Zafar Qureshi
The government on Thursday refused to reinstate FIA Additional DG Zafar Qureshi and submitted a reply to the Supreme Court in this regard.
The Supreme Court had earlier directed the Attorney General Maulvi Anwarul Haq to present Qureshi's reinstatement orders to the court by 11:30 am today.
The Attorney General responded to the court's request, and said that Qureshi has violated the code of conduct and will, therefore, not be reinstated.
The court also ordered disciplinary action against DG FIA, Tehseen Shah for defying court orders of reinstating Qureshi.
Chief Justice Iftikhar Muhammad Chaudhry said the Supreme Court might appoint a High Court judge to probe allegations against Qureshi if the reinstatement orders were not presented on time. He told the AGP that newspaper reports indicate political interference in the transfer of Qureshi.
The chief justice also directed the Attorney General to hand over the investigation into the NICL scam to the four FIA officials, who have been reinstated recently.
Justice Chaudhry also took notice of an advertisement on the media about the case.
The court also assured Qureshi of complete protection after he complained that he and his family members are being harassed.
Yesterday (Wednesday), the CJ directed the AGP to summon the interior secretary and acting DG FIA to cancel the transfer orders of the four officials who were associated with Qureshi in the NICL scam investigation, failing which, he said they would be sent straight to prison.
Updated from print edition (below)
Suspend all notices to Qureshi, says SC
All notices issued to Additional Director-General (DG) of the Federal Investigation Agency (FIA) Zafar Ahmad Qureshi, the lead investigator in the National Insurance Company Limited (NICL) land scam, should be suspended, the Supreme Court (SC) ordered on Wednesday.
The apex court restricted the interior secretary or any other authority from initiating departmental proceedings against Qureshi in the
future, without seeking prior permission from the court.
Attorney General of Pakistan (AGP) Maulvi Anwarul Haq and Qureshi appeared before a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhary, that resumed the hearing of the suo motu case pertaining to the violation of Public Procurement Rules 2004 in the procurement of land in NICL, which caused the national exchequer losses worth billions of rupees.
The AGP submitted before the bench that he intimated the court’s orders for annulling the transfer orders of four FIA officials who were part of the investigation team, adding that the DG FIA left for England on July 11 for an official commitment and would return on July 20.
Expressing annoyance over the obvious defiance of the court’s orders, the chief justice said that the DG had three days to revert to the transfer orders, but he had not. He asked him why the court’s orders had not been obeyed.
The chief justice said that the media was being used to propagate against the superior judiciary.
The chief justice also said that rumours were being floated around to undermine the case and the judiciary, and directed the federal information secretary to look into the matter and take necessary action. He further remarked that the court was competent and authorised under Article 190 of the Constitution to take any step in the concerned case.
“Inform everyone about Article 190. We are willing to go the extra mile in this case. We are neither afraid nor will we bow down before anyone. Attempts are being made through the media to bend the court in this manner.”
The chief justice directed the AGP to summon the interior secretary and acting DG FIA to cancel the transfer orders of the four officials who were associated with Qureshi in the NICL scam investigation, failing which, he said they would be sent straight to prison.
The court expressed displeasure about why a show-cause notice had been served to Qureshi when the apex court had directed that all disciplinary action against him should be stopped.
The AGP informed the court that the interior secretary had served Qureshi a show-cause notice because he had been speaking to the media.
An hour later, the AGP appeared before the bench and said that both officials were in Quetta for a special cabinet meeting on Aghaz-e-Haqooq-e-Balochistan, which is why it was impossible to get in touch with them.
Following that, the court adjourned the hearing till Thursday (today).
Published in The Express Tribune, July 14th, 2011.
COMMENTS (34)
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@Pir hamid ullah shah adv: You forgot to mention some "Pirs" along with SC and Imran Khan the gladiator. You are also three in one and that is Pir/Shah/Advocate.......
@Mirza: I dont know if you want this or not but the CJ like all of us wants national wealth to be returned. It was the order of the court to allow Quershi and his team to probe the scam case in the first place but the Govt is no letting them do their job. Enough is enough we wont allow this government to flip (escuse my french) us anymore.
WOW:it is time pakistanis wake up and take this leadeship to task.
@LOL: If the SC CJ were not there, nobody would have heard the name of ZQ. What has he done during all his prior service before this case? With so much baggage against the culprits, this case is a slam dunk for any investigator. The answer is nobody knows about his whole career record? Prosecution consists of not just the govt lawyer but also all his investigative team. In no country of the world except a kangaroo court of Pakistan, does the judge interfere in the investigation and prosecution of the case. It would be mockery of justice if the judge be any part of either side. A judge has to be completely neutral even in case of cold blooded murders in presence of lot of people. Our attitude of banking on people rather than institutions is not healthy. When these two guys retire, does that mean there would be no justice in Pakistan? What a shame that there would not be any PCO judge of Mush after the CJ! Thanks and regards, Mirza
The independence of judiciary is all fraud.where are all the lawyers who were protesting against Musharraf ?. Or there is no one now to distribute money to them any more.The chief justice has no guts to stand against Government.He will keep on saying until his retirement that if there is any further violation of law he will take action. We have nothing but pity for him
Chief sahib is proving to be good for nothing. His needle is stuck only on what PPP and PML Q is doing. It is only "Zid Bazi" and has nothing to do with constitution of Pakistan and the Powers of PM and the President of Pakistan. There is something personal between him and the siting government. Bottom Line: Through his "Acolytes" he will ask for an extension before his retirement. Top game is on play, watch out friends.
Mr. Zafar Iqbal is not the ONLY honest and competent officer. If he has violated his rules of service he must face the consequences. If anything illegal is done against him he can always approach the competent forum for redressal. But no one, not even the Supreme Court acting under the Constitution, can grant him blanket immunity. It is heartening to see that the Executive is sticking to its stand. After all if the Supreme Court is allowed to dictate on matters under the exclusive domain of the Executive it will set a bad precedent. It is as a result of the horrible precedent set in the 'Dosso case', when Chief Justice Munir granted judicial recognition to Martial Law in 1958, that the nation has suffered unimaginable misery and suffering. Thereafter we have had only interregnums of civilian rule. And then we had a pliant judiciary committing 'judicial murder' at the behest of another dictator. All this has neither been forgotten nor forgiven by the people and will not be ignored by the future historian. High sounding assurances in times of civilian rule only remind us of the Asma Jillani case when the Supreme Court held Martial Law to be illegal and unconstitutional. Sad to say but that was after the dictator (Gen. Yahya Khan) had succumbed to his own follies and departed the scene!!! Our Constitution is based on the principle of a trichotomy of powers where the Executive, the Parliament and the Judiciary are all powerful but are also required to act only within their own domains. One would have thought that the Judiciary would be most cautious when exercising its powers and act strictly within the jurisdiction given to it by the Constitution. Only then would it have the moral upper ground to hound the other two organs to remain within their respective boundaries. I am aware that all this may be very unpopular in these times of mantra chanting about an 'independent judiciary' but this is how it seems to me.
@Suleman: Yes.Good Idea.Musharraf and Yahya solved all our problems.We are proud of them.Isnt it.
@Mirza:
The honourable CJ did not hear the case himself. Do you know why? Because his good friend Aitzaz Ahsan was fighting the case for Mukhtaran Mai. That even Aitzaz Ahsan, a lawyer of great abilities, managed to prove the crime against only one of the accused speaks so much about the case.
For your information, Zafar Qureishi is not a prosecutor but an investigative officer in the case. A court of law has all the authority to choose, as it sees fit, a person of impeccable integrity to investigate a case brought before it.
You ask what Zafar Qureishi has done? Well, he managed to recover Rs. 1.75 billion in this scam from culprits who are the high and mighty of this corruption plagued country where the rule of law was, once not long ago, only meant for the destitute of this ragged country. Yet, thanks to the Chief Justice and a few honest, brave men like Zafar Qureishi, not anymore.
Of course, we can expect the elite of this country to fight doggedly for their ill-gotten wealth, only as the SC attempts to enforce a semblance of rule of law in the country. Hence, the suspension of Zafar Qureishi. Hence, the PR campaign in the media. Hence, the aspersions cast against the honourable court.
@Suleman: "integrity of Army officers is above board." A brilliant one. LOL!
BREAKING NEWS : Chief Justice Got Ticket from PML N For next Election.
Zafar is an ex Army officer and integrity of Army officers is above board.This country has been looted by civilians.CJ is doing a fine job.If you want to rid this country of corruption appoint army officers like Zafar Qureshi in each department.Only Army can solve the issue of corruption,no one else can do it.
@Seher Siddiqui: Dont worry .The judges have made up their mind to do the justice this time.Their performance is excellent in Mukhtar Mai and Malik Ishaq case of attack on srilankan team.World has watched our muslim character in release of rapists and terrorists.Examplary verdicts the world will appreciate. This case has exposed political ambitions of many.No need to mention here.One thing however in my opinion should be done.CJ and ZQ should voluntarily disassociate from this case.Only then the verdict will carry some weight otherwise in the long run Moonis can be the winner.
@Mirza: Yaar, we Pakistanis are like this. We are very short sighted. Look at the bigger picture. Anyhow, atleast, please support people who have the courage to step up to our expectations.
Entire institutions in the country have collapsed and the honest people are punished by corrupt and incompetent people whose number is around 100 or so. Our assemblies are disinterested except for the personal interest. Supreme court is the only HOPE in this situation. Any relaxation at this stage will cripple the the entire legal, social and value system in the country. I hope the court will not bow before the corrupts. The supreme court has circumstantial evidence, now, against Moonis Elahi and Amin Fahim. Please proceed without any fears as in the past. The world is watching us closely as to how we as muslim and pakistani provide justice.
CJ followed the strict legal script in Mukhtaran Mai's case, but in the cases entailing political outcome he has the tendency to behave extra-legally. Why adjudicator is making no secret of his desire about the mode and outcome of the investigation? What stopped him doing the same while dispensing with Mai?
Gov is not entirely blameless, but I think they should check the unusual judicial obsession with the cases entailing political outcome. Moreover, all the money involved in this case may not buy the repute of neutrality, which Court may lose because of being seen influencing the investigation (with insistence on a particular investigating officer).
@Mirza: i am agree with you, nice comment.
Why is this country not coming on streets in protest? This government is openly doing corruption and making a fool of everyone. We need to come on street in support of Zafar Qureshi because already their are few honest men left in this country.
"The silence of good people is worse than the actions of bad people"
Look at Egypt & Tunisia..they managed to get rid of corrupt leaders..the common people have the power and we have also demonstarted it before(Musharraf).
Please save this country and save yourself from further humiliation.
This a government of goofs. Their only ambition is to complete their 5 year terms by doing politics.
Right Direction. Well Done Prince Shahryar Rana
Government will not restore him. Their political survival viz PML-Q depends on it SCP should issue contempt notices against all and this time enforce it
@Proud Pakistani: Another Rafiq Tarar in the making by N.
CJ did not show this kind of behavior against the gang rapists of Mukhtar Mai. Of course that was only a matter of a poor Muslim woman's honor and not a political football. He is appointing "prosecutors of his choice" in this case. However, in Mai's case he said that prosecution did not make a strong case and he the judge was not at fault! Even if this PCO CJ is a good judge he is not consistent to say the least. With one good prosecutor he cannot change the whole court system. His favorite prosecutor ZQ is going to retire soon, what has he achieved during all his previous years? In fact with the CJ a judge of the SC, Mush in the multiple posts and ZQ in the FIA service, all these corruption cases were happening. These and other corruption cases go a long way back.
CJ is earning cheap popularity. He should behave like CJ, if he likes to be a politician, he should resign and join politics.
SC makes a ruling, gov doesnt follow....who shall we complain now to??
Why not take notice (and action) against PEMRA (for allowing), News Channels (for running) and Monis Ilahi (for paying) for advertisement about a matter which is Subjudice?
Excellent. This is only way to get rid of corrupt attitude of Government, All those involved should be brought to JUSTICE. Prince Shahryar Rana
May Allah Help CJ and ZQ to make a strong Pakistan and put the criminal into Jail for life. Get the public money back who ever he is behind the case
Arslan Iftakhar (son of chaudhary Iftakhar) should be made head of FIA. He likes to be policeman although a medical doctor.
Not a very good show by judiciary so far because ZQ can again be suspended.So far judiciary has not scored any run in this competition.Better CJ himself takes ZQ to FIA office.Very sad state of affairs.All the sympathies with the deserving.
CJ sahib, please ensure that any violation this time is treated with contempt of court punishment