Airport construction case: SC irked by transfer of civil aviation secretary

Gardezi’s transfer apparently violates court verdict in the Anita Turab case.

ISLAMABAD:

The Supreme Court lambasted the government over the transfer of federal secretary Civil Aviation Division on Thursday. The apex court has directed the attorney general to file a statement explaining the move which is in direct violation of its judgment in the Anita Turab case.

Chief Justice Iftikhar Muhammad Chaudhry who was heading a three-judge bench hearing the case on irregularities in construction of the new Benazir International Airport, expressed his annoyance over the decision taken to transfer Muhammad Ali Gardezi as secretary Ministry of Inter-Provincial Coordination to be replaced by Secretary Economic Affairs Division Nargis Sethi who was given the additional charge of the aviation division.

The country’s top judge, who was clearly irked over the decision said, “prima facie the judgment has been violated and the secretary was transferred without sending a proper summary in this regard.” He said that no one should be allowed to undermine the apex court’s judgments which should be implemented in letter and spirit. The court inquired of the attorney general as to who should the notice of contempt be issued over violation of the court’s orders.



Attorney General Muneer A Malik prayed to the court to allow him some time to carry out his own investigations over the matter to which the court paid heed and halted proceedings for half an hour. Earlier the court had observed that in the letter sent to the prime minister, no compelling reasons had been cited for the transfer of Muhammad Gardezi. Interestingly, even the letter presented in court by Principal Secretary to the Prime Minister Nasir Khosa made no mention of Gardezi. However, he was later transferred to the IPC Ministry.

CJ Iftikhar Chaudhry said the prime minister should have personally probed the matter. He said that the secretary was transferred because he wrote a letter to the prime minister saying that the FIA should be directed to investigate irregularities in the construction of New Benazir International Airport. The court observed that while he wrote the letter on August 18, his transfer occurred on September 10.

“No justifications were given with respect to the transfer of the officer as per the Anita Turab judgment,” the CJ said.

“We are serious about the matter and are curious to learn as to why the court’s orders in the Anita Turab judgment were not adhered to”, he maintained. The attorney general, however, pleaded that the transfer was made in public interest. The bench meanwhile also noted that despite directing the FIA to investigate the new airport scam, the government failed to specify people against whom action must be taken.

Published in The Express Tribune, September 13^th, 2013.