The Supreme court has directed the government to restore Suhail Ahmed as
Secretary Establishment and Lahore High Court Bar Association
Rawalpindi has informed the court that the unconstitutional actions of
the government would not be accepted.
A five-member bench of the Supreme Court (SC) headed by Chief
Justice Iftihkar Muhammed Chaudhry heard the Hajj corruption case, on
Wednesday.
DG FIA Tehsin Anwar Ali Shah finally appeared in the court and
informed the court the investigation officer Hussain Asghar has not yet
reported to the FIA, adding that a letter would be written to the
Gilgit Biltistan government asking it to hand over the services of
Hussain Asghar to the federal government.
DG FIA stated that the order of this august court issued on July 26
regarding the transfer of Hussain Asghar would be implemented, adding
that the charge of the investigation of Hajj scam would be transferred
to him as he would come to Islamabad. He further stated that
investigation team of Hussain Asghar also would be appointed him with
immediate effect.
Court observed that DG FIA has shown willingness to implementation
of court order so he is directed to inform the court today regarding
the charge of Hussain Asghar.
The court asked DG FIA as to why did he leave for Karachi without
informing the court. Being a member of the law enforcement he should
have displayed discipline, the court observed. The CJP said no one
should have any misunderstanding about the rule of law.
The worthy court asked to Attorney General (AG) that why Suhail
Ahmed was made OSD, adding that the government should be informed the
courts are in place to protect the bureaucracy. If we would not stand
with them then how they will work in these circumstances CJP added. CJP
said that we can not let them on the mercy of executive.
The court instructed the Attorney General to see the PM in person
without depending on anybody else and bring the written reaction of
prime minister today otherwise court would order in this regard and
government should keep in mind the consequences of the court orders.he
said that court has strong reasons for issuance of stay orders against
the removal of Suhail Ahmed but PM may advised to reappoint Suhail
Ahmed.
CJP said to AG that if you want the maintain the integrity of the
institution then inform the government that the court order would must
be implemented because court always pass the orders if anyone has
reservations he can file review on the impugned judgments.
The court said by punishing those abiding by the law, the government
was giving wrong message to those working in the administration, as
well as throughout the country.The court asked the attorney general to
make sure the appointment of Suhail Ahmed as Secretary Establishment.
Chief Justice Iftikhar Mohammed Chaudhry resented over making
Establishment Secretary Sohail Ahmed as officer on special duty and
directed the Attorney General to ask the Prime Minister to take back
the notification.
The federal government relegated Establishment Secretary Sohail
Ahmed to a sinecure post of ‘officer on special duty’ on Tuesday, about
two hours after he had submitted to the Supreme Court a notification
transferring Hussain Asghar, the IG of Gilgit-Baltistan, back to the
Federal Investigation Agency in the face of a stern court warning of
immediate action against him on contempt of court charge for not
complying with its orders.
The Chief Justice in his remarks said that the prime minister have
discretionary powers of transfers and appointments but the court can
take notice of the injustices.
The CJP also asked the Attorney General to submit the answer of the
prime minister in written to the court and production of the
notification about making the Secretary Establishment Sohail Ahmed as
OSD.
In his remarks, the chief justice said the secretary establishment
was made officer on special duty (OSD) for upholding court orders.
Ahmed had sent the summary to the concerned authority to issue the
notification for the reinstatement of Hussain Asghar as the
investigation officer in the Hajj corruption case, but when no action
was taken he issued the notification to uphold constitutional
responsibilities. The chief justice added that the prime minister acted
in haste.
When the hearing resumed after the break, the President Lahore High
Court Bar Association Sahaukat Aziz Siddiqui appeared before the court
and said that the government has crossed the all limits and is
continuously violating the court orders, adding that legal community is
with the Institution and the lawyers of the country ready to come on
roads if the government violates the court orders.
Sahaukat Aziz Siddiqui said that lawyers would stand with chief
Justice and the Judiciary against the corruption, adding that they
would not hesitate to come on roads and would not hesitate to meet any
challenge in the way of higher judiciary.
After break the attorney general informed the court that he could
not speak with the prime minister because he was busy in a cabinet
meeting, and presented the notification to make Suhail Ahmed officer on
special duty (OSD).
The court directed him to personally go and meet the prime minister and present his written reply in court today (Thursday).
Court also directed AG to bring the whole record regarding including
summary prepared for making OSD to Suhail, adding that he take the
court order before going to see PM. Court directed AG to inform the PM
regarding observations of the court given during the hearing. SANA
