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Friday, July 29, 2011

SC extends deadline for govt to restore Sec. Establishment

Supreme Court of Pakistan on Thursday has provided another opportunity to the government for submitting the prime minister’s reply in Hussain Asghar reinstatement and secretary establishment removal cases.

Six-member bench of apex court comprising Chief Justice Iftikhar Muhammad Chaudhry , justice Mian Shakirullah Jan , Justice Mehmood Akhtar Shahid Siddiqui, Justice Tariq Parvaiz, Justice khilji Arif Hussain and Justice Amir Hani Muslim heard Suo moto notice taken on mismanagement and corruption during Hajj operation of last year.
During the course of hearing Attorney General of Pakistan (AGP) justice (retd) Maulvi Anwarul Haq informed the court that recently restored key probe officer in Hajj corruption scam has gone missing.

The Attorney General informed the court after that recently restored Director FIA, Hussain Asghar, is not in contact and none has any knowledge that currently where he can be located. He said that his cell phone is also not responding since July 26.
He added that Hussain Asghar, who was performing duty as IG of Gilgit Baltistan, he moved from Gilgit to Skardu but after that he is missing.
Justice Khilji Arif Hussain, a member of SC bench, expressed his amazement over disappearance of Hussain Asghar while saying in his remarks that it is very strange to hear that an officer of this high profile has gone missing and no one is aware of that.
The Attorney General failed to present a written report over his communication with the Prime Minister regarding court’s Wednesday’s instructions but he informed the court that the PM has been conveyed the message and updated about the details.
AG said that he had informed the PM about all legal and constitutional provisions, adding that PM has said that he would convene another meeting with AG and would reply so court may adjourn the hearing of the case till Monday.
The Chief Justice said in his remarks that the court does not doubt intention of the government over restoration of Hussain Asghar on Hajj corruption scam’s probe but this game of hide and seek is not good.
The Chief Justice added that the court should be informed that what is that hurdle between handing over charge to Hussain Asghar to continue probe of Hajj corruption scam.
CJP said that six parliamentarians pointed out about mass corruption in Hajj and this scam defamed country’s name, adding that the influential person’s are involved in this 40.6 million scam and 25 thousand Hujjaj suffered because of mismanagement in hajj arrangements.
The DG FIA said that he on oath informs the court that there is no pressure on them regarding handing over charge to Hussain Asghar and as soon as he will be available the charge will be handed over to him and his working team also would be appointed with him for investigation of the Hajj scam. DG stated that he would implement the court orders.
The Chief Justice said in his remarks the government is playing a hide and seek game regarding Hussain Asghar. How strange it is that an officer of IG level could not be contacted, said the CJP.

 Justie Khilji Arif Hassan remarked it was strange that such a high official was not being contacted, and all the agencies including FIA were looking for him.

The attorney general said the prime minister have been apprised of all the details of the case. He also prayed for more time until Monday for the restoration of secretary establishment.
Meanwhile chief Justice remarked that AG should inform to PM that it is not a routine order of the court, adding that how long court would wait if reply does not come, court would pass an order on the issue. CJP said that people have trust on the court and we are here for provision of justice to masses, adding that in vacations we have heard the cases and are managing the availability of the benches.
CJP said that court would pass order and AG should tell competent authority that we know the jurisdiction of the court ,adding that every employee approaches to the court after suspension or removal and constitution permits declaring illegal appointments null and void.
Court directed DG FIA that if he faces any hurdle in imlemetation of court order he should immidiatly inform to the registrar of SC.
CJP remaked that “officials should stand with the constitution court would stand with them.”
The apex court rejected the AG appeal of awarding one more day to the attorney general to inform the court regarding the cases. Later on court adjourned the hearing of case till today (Friday). SANA