ISLAMABAD:
The perceived delay tactics by the government regarding the implementation of the court’s orders met with a sudden offensive by the Supreme Court on Tuesday.
Everyone in the packed courtroom number one of the Supreme Court was left dazed when Chief Justice Iftikhar Muhammad Chaudhry ordered police to arrest former Intelligence Bureau (IB) boss Brigadier (retd) Imtiaz and ex-managing director of OGDCL Adnan A Khawaja, creating a stir.
In addition to this, he also warned Attorney General Pakistan Maulvi Anwar-ul-Haq: “You have only ten days left for the appointment of NAB chairman, Mr Attorney General,” adding, “He is also holding the position illegally”.
The three-member bench of the apex court headed by Justice Iftikhar Chaudhry was hearing a case concerning non-implementation of its NRO judgment announced on December 16 annulling the provisions of the ordinance issued by former military dictator General (retd) Musharraf on October 5, 2007.
The government move to appoint Adnan A Khawaja as managing director of Oil & Gas Development Company Limited (OGDCL) earned the ire of the Supreme Court.
Taking notice of violation of its orders, the SC issued contempt of court notice to Adnan A Khawaja who was convicted by NAB in 2001 as a co-accused in a reference accusing the former IB chief of making illegal property.
“Why were they not arrested earlier if they had not acquired new bail after the ordinance’s annulment,” the chief justice inquired of Deputy Prosecutor General NAB Raja Amir.
Raja Amir while admitting the mistake of his organisation apologised to the court and submitted that because the NAB chairman was absent therefore proceedings could not be initiated against them.
“Mr Imtiaz your bail has been cancelled and now you will have to go to jail,” the chief justice said while addressing the former IB chief who requested one last chance as he pleaded he was unaware of it otherwise he could have reconfirmed his bail. To this, the chief justice observed: “It is like that nobody knew in the world after the December 16 judgment that the NRO had been void, although Ahmad Riaz Sheikh was also arrested in the meanwhile”.
There is quite expensive property in the name of Brigadier Imtiaz in Islamabad, DPG NAB Raja Amir informed the court. To this, the chief justice asked Imtiaz why he did not return the property. Imtiaz replied that he contacted the high court to secure his property after the promulgation of the NRO ordinance.
“Mr Imtiaz you must be a big gun but you will have to act according to law,” the chief justice observed.
Amir further informed the bench that the accountability court had announced an eight-year jail term and Rs7 million fine for Brigadier Imtiaz in the reference, while co-accused Adnan Khawaja was handed down a two-year jail sentence with a Rs0.2 million fine. He was also disqualified from holding public office for ten years.
Three years and 16 days’ punishment is left for Brigadier Imtiaz and 10-month sentence is left to be served by Adnan Khawaja, the DPG informed the court. Meanwhile, Adnan Khawaja requested the bench to accept his surety bonds and not send him to jail but the CJP rejected the request and directed him to follow the procedure and approach the court concerned for bail.
When Secretary Establishment Ismail Qureshi submitted that he was unaware Adnan Khawaja was convicted in a NAB reference, Justice Chaudhry observed that it was the fault of NAB because despite being convicted he kept on working as chairman National Vocational Education Council and managing director of OGDCL. This was in violation of court orders.
“Deputy Chairman NAB is holding the position illegally,” he observed. “Mr Attorney General you have only ten days left for the appointment of NAB chairman,” he warned.
In the meantime Raja Amir also submitted the record of cases against Brigadier (retd) Imtiaz and Adnan Khawaja informing the bench that their cases would be heard in high court on September 23.
Chief Justice observed that their bail is ‘un-extendable’ until they deposit new surety bonds and those surety bonds would be decided on merit.
Raja Amir also informed the bench that the authorities have taken back the case record of Brigadier Imtiaz and Adnan Khawaja upon which the CJP directed the authorities concerned to return the case record to the Deputy Prosecutor General NAB and adjourned the hearing till September 24.
Published in The Express Tribune, September 22nd, 2010.
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