ISLAMABAD:
The National Insurance Company’s (NICL) financial fraud case, a thorn between state institutions, led to the resignation of yet another Federal Investigation Agency director-general.
Tahseen Anwar Shah - the third DG FIA to exit this year - tendered his resignation during Supreme Court’s hearing on the NICL scam case on Wednesday. The court, however, said that the resignation should be sent to the authorities concerned. Soon after, Shah sent his resignation to the Ministry of Interior.
Shah said he was resigning because on Tuesday the Supreme Court had directed the director-general to assist the lead investigator in the scandal, Additional Director Zafar Qureshi. Shah said he could not work as a subordinate to a junior officer.
(Read: SC cancels leaves of FIA investigators)
In response, Chief Justice Iftikhar Muhammad Chaudhry said it was his professional obligation to help in investigations and that if he wants to resign he should send his resignation to officials concerned.
“Until the court order stays, I am not going to work” Anwar Shah told The Express Tribune. He added that it was both “illogical and unacceptable” for him to work under the supervision of a junior officer.
Besides the chief justice, the three-member bench in the suo motu case comprises Justice Amir Hani Muslim and Justice Ghulam Rabbani.
In pursuance of the court’s previous order, Shah presented all files before the court and handed them over to Qureshi. He said that a case has been registered against persons who spread rumours about a bomb in FIA’s Lahore office. The DG FIA, however, said he did not know who locked the building.
(Read: Bomb hoax keeps Zafar Qureshi from resuming probe)
Khawaja Hammad, assistant director of FIA Lahore said that on the directives of Waqar Haider, the director of the Agency’s Lahore chapter, the building was locked, preventing Qureshi from entering his office. Hammad said he was pressured by higher authorities to do so. Hammad was directed to submit his written statement, while Haider was told to file a reply on Hammad’s accusation.
Denying Hammad’s claims, the FIA’s Lahore director said he was in Islamabad on August 13, and the assistant director was accusing him to save himself.
The Supreme Court’s order was violated by locking the FIA building, the chief justice said. Babar Awan informed the court that he was representing Moonis Elahi and requested the court to sideline Qureshi from NICL investigations. “I have faith in all team members except Zafar Qureshi,” he said.
If anyone thinks that Qureshi will retire next month and investigations will be stopped, they are mistaken, the chief justice said, adding that he will continue to work on investigations even after retirement.
Meanwhile, the court directed the DG FIA to conduct an inquiry into the bomb hoax and extend maximum cooperation to Zafar Qurashi. The hearing was adjourned for an indefinite period.
Published in The Express Tribune, August 18th, 2011.
COMMENTS (65)
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Didn’t Umar Cheema’s hero Zafar Qureshi obeyed political masters and defied SC in past??? Zafar Qureshi is the person who in March 1997 on the orders of the then prime minister Nawaz Sharif, arrested three FDA officers during the course of briefing. He did public handcuffing of them. While the then chief justice Sajjad Ali shah had took suo motto notice the incident under Article 184(3) of the Constitution for the enforcement of fundamental rights provided in Article 4,14 and 25 of the Constitution.
Dear CJ we support your actions. Plz carry on with these Moonis Ellahi's & Anjum Aqeel's no matter what happens. You are doing what no one else has done for this country.
Good calculation by you Mr. Tahseen Anwar to resign from FIA. You are detined for a higher position. Your predecessor Waseem Ahmed did the same tricks in obstructing the justice and then resigned. He is now the ADDITIONAL CHIEF SECRETARY- SINDH. He is now boss of his seniors and batch mates. Is MOONIS ILLAHI all that important that we risk the entire system for saving him ?
Bravo CJ Chaudhry for up holding your double standards.
CJ doesn't need enemies to tarnish his image. How would he feell if he were asked to be a member of a commission head by one of his SC judges?
Justice be done at all cost. Whether it be Bonus - Elahi or Monis - Elahi should not be let off the hook and be made accountable for what they have done to the country. Hail CJ we stand by you.
supreme court is facing the rubbish campaign of some fraud loving people. They want the justice which suits to their mentor interests only. people of Pakistan are very much aware about the NICL facts and dirty tactics of some worn out politicians against CJ.
An MNA of the PML(N) accussed in a 6 billion ruppee land scam is rescued by his gun toting supporters from police custody and is granted bail. While Moonis Elahi of the PML(Q) who is also involved in an equally grevious corruption offence hands himself over to the authorities is unable to get bail. This is not unusual when small men set out to accomplish big tasks beyond their ability. Character - there is a constant draught of it at all levels.. They are all crooks - please deal with them even handedly only then will you achieve something..
Good riddance if the DG has resigned, because under his watch FIA failed to investigate a case even after orders of Supreme Court of Pakistan. What purpose does the FIA serve if it fails to properly investigate the Missing Containers Scam. Hajj Scam, NICL Scam, Karachi Target Killings, Arms Smuggled through KPT in containers for ISAF, Kidnapping for ransom, Human Smuggling Scam, Car Theft mafia, DRUG MAFIA, LAND MAFIA, FBR pilferages etc etc. It is a never ending list of failings of FIA and other investigating agencies.
qadir gilani should be made cheif justice. and he should be allowed to buy 20 more bullot proof cars from public money.
It all proves one thing Chief justice was rightly fired by Musharraf.He is a spoiled fish making thw whole pond dirty.
@Imran Mohammad:
So the CJ should take over the government and run it? There have been allegations of serious corruption on CJ as well. Just study Naeem Bokhari's open letter and presidential reference sent to the Supreme Judicial Council in 2007 by former President Musharraf against CJ. The Supreme Judicial Council never investigated the allegations and just set aside the presidential reference (another case of selective justice). CJ twice took oath under PCO in violation of the 1973 constitution and should be charged with high-treason under article 6.
In the presence of patently corrupt and dysfunctional government , judicial activism is must. Right on CJ !!! Take these thieves to task. We are with you.
@Ishtiaer Hussain: I agree with you fully. The CJ is not going to do anything against the thugs of NS and Punjab govt. The rightwing goons and religious terrorists have immunity from the "independent" courts of the PCO judges. Thanks and regards, Mirza
Public service must have mandatory retirement at 55Years.. Make way for new-gen. This man looks too old for the job he is doing
Everybody should support chief justice - don't pull legs of someone who is trying to eliminate corruption from thsi country. Supreme court is only hope
how did he afford louis vuitton sunglasses?
Our CJ is ideal for being cast as hero in Punjabi films. His remarks and dialogues remind me of Sultan Rahi who was all too eager to wipe out all the ills of the world with his loud braying and "gandasa".
@nasir:
Rana Sana is from PML-N. That's why CJ would not follow the case of construction of illegal plaza against him. What about the case of Rana Muqbool who is required by the Sindh High Court on charges of torturing President Asif Ali Zardari in jail? Why our CJ not taking notice of an absconder being sheltered by the Sharif brothers in Lahore? What about the case of "Khaadim-e-Aala" being the CM for the last three years on a stay order by the Lahore High court?
@ehsan:
You are absolutely right. The Chief Judicial Marshal Law Administrator must resign and a case of high treason must be instituted against him for defaming the institution of Supreme Court and making it overtly political.
Typical example of attitudes of our society..corrupts know their way round the hideous acts they commit..state aids them in the name of solidarity and mutual benefit..people mind their own business coz they are not the tax payers(why should they pay it?as its likely to land in pockets of few)..hoping against the hope waiting for miracle to get them out of their misery..behold! people of pakistan there is plenty more to come..as you have still not decided to act for change..For the time being mantra is..just pray "long live Pakistan" :)
Great shot and thereby we conclude ...
Democracy = Hypocrisy = Exploitation = Exaggeration = Fascism
I wonder if the chief justice movement was a mere act of people's exploitation.
Does any one realise that the world must be laughing at all of this
This is what happens when court itself becomes a party, and judges issue illogical orders, like including DG in a team headed by his subordinate. By insisting to keep Zafar Qureshi as team leader, aren't they expressing "no-confidence" on many other able officers. Is rest of the FBI in-capable? How Qureshi can conduct fair and balanced enquiry in the current situation, developed mainly due to court and partially administration.
@Bloom: It is wrong, I am absolutely disagree with you, he is a man of principle, and can see in the eyes of dictator, but he is alone,leading the boat of judiciary to the right direction.
perhaps you like molvi Mushtaq like judge who defaced the history of justice by delivering judgment of Bhutto case.
This is a only justice,whom majority of the peoples like very much.
@Shahid: Judiciary and executive separation law must be promulgated.
@Ishtiaer Hussain: please, patience,let the legal procedure complete in case he proved the guilty,would be punished. Your arguments, has been addressed in the comments are before time.please wait.
I am not sure what to make of this unnecessary judicial activism. He has humiliated so many senior official of the government. Someone needs to tell him about his jurisdictions and extra jurisdictional acts. The responsibility falls on the legal fraternity, since it were they on whose shoulders he climbed to this populist stature and it is time for them to demount him from the saddle. The gentleman is setting a tradition of institutional antagonism and not of activism. Pakistan’s institutions are already showing the signs of exhaustion and CJ is wrecking whatever is left. There is a need for cooperation, understanding, and mutual respect among official of all branches of the government.
@Maher: You are describing it democratic government, I am disagree with you, this is a power game,players has been assembled around and waiting their turn,in looting and in ruling.
People are trapped in the horrible darkness could not see due to load shed .
@kamran: Justice delayed,justice denied. but the day of judgment would come and every one would have to face the sins and crimes committed by him .
@nasir: Please vide the legal procedure and principle of business,as for as apex court interference is concerned it is not a proper time because case is already under trial in the court which has legal jurisdiction,apex court will see it let the time come.
What about the case of Anjum Aqueel Khan who is involved in 6 billion land scam and who also broke jail and fled away? CJ would not take notice of him because he is from PML-N. He should have been tried in anti-terrorist court. Instead he has been granted bail and is walking free. According to our CJ, he is clean because he belongs to PML-N. Shame on selective justice.......
Why Chief Justice is wasting time and national resources on this farce. Why not just give his opponents sentences, without any drama, since in the end this is what he is going to do anyways. Like Justice Munir hid behind "Doctrine of Necessity", he should hide behind "Adl-e-Jahangiri", and give sentences without any hearings. This will also make the political opponents of his opponents extremely pleased!
@akram: "what A shame that we have educated people who are so ignorant of the facts..."
And on the other side, we have UNEDUCATED people, who are TOTALLY IGNORANT of the facts that it is a crime if judiciary tries to be prosecutor. How will they later give a verdict in the favor of the accused. Then why all this drama!
@FZ: Your own comments contradict yourself. If in any case, it should be PPP (whether in government or opposition), and not PML-N, then how can one use a word other than bias? It just beats me!
CJ, we are with you!
Get this thing sorted whatever it takes! And get it sorted quickly.
Justice delayed is justice denied!
Umar you better watch what you say. Zafar Qureshi has so far recovered Rs. 2 billion from these looters and has solid evidences of this criminal moonis ellahi's corruption. 9 employees of the bank have stated in writing about moonis' involvement. The two account bearers Adil Traders and Khadim Traders, on whose name Mr. Moonis opened accounts worth Rs. 320 million, are missing. Both adil and khadim have either been sent abroad or out of this world. please STOP showing grudges against the CJ and appraise him for recovering the wealth which belongs to the whole nation. Show SOME SENSE!!
what a game of govt.they are undermining the judiciary.
@Maher: This is not a slap, its an achievement of this Govt. to keep Justice out of business ...
Chief Justice should resign, he is all time worst
What kind of Supreme court is this? Cases are being heard and decided on the basis of political priorities rather than on the universal principles of justice. I don't mean to say that the CJ should not hear corruption cases against the PPP politicians and government officials. But how comes that Shabaz Sharif is sitting as the CM of Punjab for more than three years on the basis of a high-court stay order? Supreme court is doing selective justice and targeting politicians and officials on the basis of their political affiliations. Our CJ has made Supreme Court a kangroo court. How would he expect others to respect the verdicts of the court when he has made it a forum for settling political scores against his opponents. Those who opposed his restoration are now openly being targeted in the court. Not a single case against Sharif brothers is being entertained by the court despite the fact that there are a number of cases pending against them. Does this mean that SC will despense justice on the basis of political affiliations? CJ is behaving like a medieval king rather than a justice of the supreme court. I wonder who picked him to serve as the supreme court judge. Even martial law courts are better than this so-called supreme court.
Can any one advice Is Moonis the main culprit or has appeared in NICL drama as side artist ????????????? why all concentration on him
what A shame that we have educated people who are so ignorant of the facts that government is using all dirty means to save one person or delay the investigations. what are the options left with the CJ ?
I am a bit surprised some commentatos think the SC is biased
Of course they should go after everyone, but if the PPP had been in opposition these commentators would be saying that the opposition is being targetted!?
The government should be held accountable before anyone else- it is just pure logic.
why CJ not showing any interest in Anjam Aqeel khan who got bail despite 6 billion corruption and breaking jail and run away?why no bail for moonis elahi who is not prime accused in this case ? moonis elahi was in uk and he came back from uk to pakistan to face the trial but no bail for him while Anjam aqeel despite running away from jail got bail very easily and quickly. Allt his special treatment for him because he is from PML(N).It would be doubtless to say, National Insurance Company scam is huge in nature, many high profiles are involved in it,powerful resistance is being made and court orders are being mala fidely ignored.
that is not a good tradition,it will take our country to further unrest and anarchy should avoid such practice and not favorable to the security and the peace in the country.
It is wrong to say, there is no confrontation among the institution in the country but the question before us is that who is responsible for that.
to discard the court order is a opened violation of the constitution.
Some time I feel,enemies of this Islamic state rammed in it wanted to destroy it but they must know God with us Who would provide us total safety from the enemies. ,
This is the most logical end of what was being asked from DG to work under an Addl DG. The epitaph of the seniority has been written and ESTA Code burried.
what a pity, CJ interested in Zafar Qureshi but not in investigation.
The new Judiciary. DG FIA has to work under a junior most Additional Director who happens to be close and Chief Justice and Ex Boss of CJ's doctor son, who enjoyed post of SP although he is a medical doctor> It seems CJ is again pushing things towards his own arrest rather than doing justice to miserable poor.
Our supreme court has become a political party. Chief justice should apply for the registration of his new political party. I am not against eradication of corruption. Monis Elahi or whosoever involved in corruption must be punished according to the law of the land. But the way supreme court is handling this and other cases is seriously undermining the legitemacy and morality of the court. Our chief justice is not going after the corruption cases of Sharif brothers and others who seem to provide him and the supreme court the sort of political support which has tarnished the image of this great institution. Supreme court's legetimacy and its ability to uphold the rule of law is based on moral high ground and the universal principles of justice not on cheap populism which seems to be driving the agenda of the court. I think our chief justice is damaging the institution of the Supreme Court more than anything else. He wants to be the judge, advocate and investigator at the same time, besides playing as a skilled politician.
Gentlemen you will get bundle of money both from chaudhries..and PPP...by the way a qauestion to PML -Q you have taken 4 million or more in NICL scam but it costed double in defending it...and lot more to pay to all thes ebureucrates... what did u get out of it-...
What a mess! ------ this is the logical outcome of unnecessary interference and encroachment. You simply can not run the affairs of a state single handedly even if endowed with an ego as big as or larger than a horse's, you know what?!
Another try of delaying the case investigation plan by profeesional lawyer