News
Tuesday, August 09, 2011
SC quashes suspension order of Zafar Qureshi* Court directs FIA official to carry out investigation in NICL cases forthwith
* Orders FIA DG, other relevant authorities not to create hindrance in investigation
Staff Report
ISLAMABAD: The Supreme Court, while setting aside the federal government’s order regarding the suspension of Federal Investigation Agency’s Additional Director General Zafar Ahmed Qureshi, on Monday directed him to carry out investigation in the multi-billion-rupee National Insurance Company Limited (NICL) scandal cases forthwith and complete the inquiry expeditiously.
The court also observed that Qureshi would be deemed to have been on duty as FIA Additional DG pursuant to the order of the court dated July 1, 2011. The court ordered FIA DG Tehseen Anwar Shah and other relevant authorities not to create hindrance in the investigation being conducted by Qureshi under its direction.
Qureshi was directed to submit a fortnightly report about the progress of the investigation duly countersigned by the FIA DG to Justice Amir Hani Muslim for perusal in his chamber. The court also asked Shah, Qureshi and other government authorities to ensure that public money stashed abroad is brought back. SC’s senior most judge Justice Mian Shakirullah Jan announced the judgement, which was reserved by a three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Amir Hani Muslim on July 25. The CJP had authored the 32-paged judgment.
“In pursuance of its order on 13.7.2011 no action shall be taken against Mr Zafar without prior approval of this court. The FIA investigation team, already been assisting him, would join him as team-mates.” the judgment stated. The court observed that prima facie interference was made in the judicial functioning of the apex court and efforts were made to render its July 1, 2011 order ineffective, as a result of which not only the authority of the Supreme Court was eroded, but at the same time the investigation of the NICL cases was badly hampered, resultantly bringing the investigation to a stand still.
The judgment stated: “Prima facie suspension order dated 4.7.2011 of Mr Zafar is the result of political intervention in the affairs of this Court and it requires to be determined accordingly in view of the facts and circumstances, which also includes pressurising Mr Zafar by the high-ups to dissociate him from the proceedings of the cases.”
It said that propaganda on electronic media against judiciary started by issuing advertisements. “The private TV channels might have declined to indulge in such campaign but the TV channels being operated commercially, prima facie, cannot be blamed, however, the persons or a specific group who have provided finances for this purpose are required to be dealt with in accordance with law.”
Justice Ghulam Rabbani, a judge of the SC, was appointed to conduct inquiry and submit a report clarifying whether Qureshi was pressurized, before his suspension, by the interior minister, etc, as has been reported in the newspapers due to political expediency, if so, to what consequences. Justice Rabbani was also asked to fix responsibility individually or collectively against the persons responsible for financing the campaign against the judiciary on the electronic media.
The court said that after determining the particulars of the persons responsible for launching the propaganda campaign against judiciary, action would be taken against them to maintain the dignity and honour of the courts. The federal secretaries of interior, establishment division and information, and SC Additional Registrar Sajid Mehmood Qazi were directed to assist the honourable judge in completing the report.
The Supreme Court had taken suo motu of the matter on a letter dated May 6, 2010, addressed to NICL Chairman Ayaz Khan Niazi by Transparency International Pakistan. On December 09, 2010, Qureshi, the then FIA director, submitted a report stating that Habibullah Warraich was arrested and Rs 1.4 billion were recovered from him, while steps were being taken to arrest Mohsin Habibullah Warraich. When, under the supervision of Qureshi, the investigation was likely to make effective progress, he was abruptly transferred to National Police Foundation as managing director, on the pretext that after his promotion to Grade-21, he could not continue as a director in FIA.
Courtesy www.dailytimes.com.pk