ISLAMABAD: Supreme Court has ordered that Sohail Ahmad be appointed
on some appropriate post within 7 days otherwise the notification about
making him OSD will be considered suspended.
Declaring the
notification on making establishment secretary as OSD impracticable SC
has remarked the powers for appointment and transferring rests with
Prime Minister (PM) but the court has authority to review it.
A
6-member bench of SC presided over by the Chief Justice of Pakistan
(CJP) Iftikhar Muhammad Chaudhry took up the case for hearing Friday,.
Attorney
General (AG) presented the report in the court with regard to Hussain
Asghar and told Hussain Asghar was still in Gilgit-Baltistan and as
soon as he would come to Islamabad, investigation would be handed over
to him. He told he could not meet PM as PM was outside the city.
“However I personally talked to chief minister Gilgit-Baltistan about
the transfer of Hussain Asghar and informed him about the orders of SC
for relieving him off his duties and handing over the charge of
investigation into Hajj Corruption case”, he submitted.
AG told
as per chief minister Gilgit-Baltistan Hussain Asghar could not
relinquish charge till the appointment of his substitute. Chief
Secretary Gilgit-Baltistan had verbally directed him not to relinquish
charge, AG said.
CJP said “ if Hussain Asghar can be prevented
on the verbal orders of chief secretary and if Gilgit-Baltistan
government does not comply with court’s orders. If chief secretary is
not employee of federation and there is no legal binding on him.
Justice
Khilji Arif Hussain remarked “ had government implemented court’s
orders Hussain Asghar could have been brought back within 45 minutes by
helicopter. Making such excuses is tantamount to blocking court’s
orders, he added. Statements and announcement regarding implementation
of court’s orders is mere paper work, he observed.
Justice Tariq Pervez said it is crystal clear that government has not contacted Hussain Asghar.
Court
wrote in its decision after hearing the case that investigations into
Hajj corruption case were initiated as per court’s directives. Earlier
members of parliament had demanded for investigations into Hajj scam.
Saudi prince had also pointed out corruption in the contract for hiring
residences.
As per court several evidence about corruption in
Hajj arrangements came to open after Hussain Asghar and Javed Bokhari
were nominated investigation officers. In these evidence it was told
that several government functionaries were involved in the scam.
The
court issued repeated directives for holding transparent
investigations. But both the officers were removed from the
investigation despite the fact that Hussain Asghar brought to light
several aspects of corruption. Another minister recorded evidence
against an arrested minister.
The court remarked about former
DG Hajj Rao Shakil he was appointed as DG Hajj operation despite being
involved in NAB cases. PM was informed about his involvement in NAB
cases and he was further told that name of Rao Shakeel has been placed
in EC L due to NAB cases. Despite it PM approved the name of Rao
Shakil. Interior minister Rehman Malik got deleted name of Rao Shakil
from ECL through SMS. Upon it court ordered for again placement of his
name in ECL.
Court further said in its decision that Khawaja
Asif MNA had brought this case in the court and requested that all the
corruption cases in Hajj arrangements be checked. Like wise Hajjajs
told about the corruption cases to Justice Ramday during performance of
Hajj.
It was further said in the decision that “we can not
compromise on independence of judiciary and if it is done so then its
result is before us in terms of November, 3, 2007.
Making
mention of Supreme Court of India with reference to corruption the SC
said Indian SC ensured investigations against corruption of politicians
in Havala case and obtained the powers of CBI on its own. But in
Pakistan we did not do so and instead demonstrated restraint
persistently. Holding investigation into corruption cases is
responsibility of SC.
It is laid down in the verdict that court
respected parliament and is well aware of the fact that parliament is
authorised to legislate. Hussain Asghar was earlier working as director
in FIA and no need was felt about his transfer. When he identified
corruption then he was posted out. Former DG FIA had admitted that he
had sent letter for transfer of Hussain Asghar.
Hussain Asghar
had started investigations under the directives of SC and the court
issued orders for his reappointment then these were not implemented.
As
per clause 3 of the constitution no officer can be made OSC during the
process of implementation of court’s orders. If competent authority is
not satisfied over his performance, then he can be transferred but here
an officer who was implementing court orders was transferred. Sohail
Ahmad was facing no other charges. He was removed from his office when
he enforced courts’ orders under article 190 of the constitution.
Adjourning the hearing of Hajj Corruption case for indefinite period the court has sought report on week basis from federation. Online
