SC orders disciplinary proceedings against DG FIA

ISLAMABAD: The Supreme Court on Thursday sent the issue of non-compliance of its order by the FIA Director General Syed Tahseen Ali Shah, regarding reversal of transfer orders of four FIA officials, to the Secretary Establishment to further place it before the competent authority for initiation of immediate proceedings against him.

The court said in its order," We refer the matter to the Secretary, Establishment Division, Government of Pakistan, for placing it before the competent authority under the Government Servants (Efficiency &

Discipline) Rules, 1973, and departmental proceedings against him be initiated forthwith, result whereof shall also be communicated to this Court through Registrar."

The three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Amir Hani Muslim issued directives on a suo motu taken over suspension issue of Additional Girector General of Federal Investigation Agency (FIA) Zafar Ahmed Qureshi.

The apex court observed that under Article 190, it was the constitutional and legal duty of the FIA DG to comply with its order of July 7 and he had no authority to avoid and or defy the orders regarding restoration of four officers tasked to investigate multi-billion National Insurance Company Limited (NICL) scam.

"The DG FIA has not only violated the judicial order of this Court but, ex facie, has rendered himself liable for disciplinary proceedings under the E&D Rules," it noted.

The bench asked Attorney General for Pakistan Molvi Anwarul Haq to seek instructions from the authorities concerned over alleged political intervention in suspension and transfer issues of FIA officials.

The bench in its order noted that this aspect of the issue required a thorough investigation.

"Therefore, this matter requires thorough probe through a judicial officer because if the reports appearing in the newspapers which find support from the prevailing circumstances is established in enquiry that actions of the authorities were the outcome of political intervention and order passed by this Court on July 1 and July 7 and an attempt to make them ineffective and inoperative, it would have its own repercussions," it held.

The bench said that they had conveyed to the Attorney General that they were intending to appoint some judicial officer to conduct a thorough probe into the matter and submit report in this behalf.

"We have made the learned Attorney General to realize about the repercussions because we believe that the institutions should function within their own parameters and if the court has passed the order which required compliance, it should be implemented and if there are some reservations, then remedy is available under the constitution," it added.

The bench further observed "But instead of availing the remedies attempts are made to defy the order and or to make it ineffective. This act, ex facie, amounts to interference in the independence of the judiciary."

The bench noted that members of the investigation team were actually penalized for conducting investigation into four cases and had made remarkable progress in unearthing the crime.

It said that these officers suffered due to illegal action of the DG FIA and the national exchequer was burdened with their TA/DA.

Issuing a notice to the DG FIA , the bench asked him to appear and explain as to why instead of burdening the national exchequer he should not be burdened to make payment towards TA/DA of these officers from his own pocket.

It said that the order in this regard would be passed after hearing his viewpoint.

At the outset of proceedings, the bench was apprised by acting DG FIA Chaudhry Manzoor Ahmed that they had reversed the transfer orders of four officials, including Javed Hussain Deputy Director, Khalid Anees Additional Director, Muhammad Ahmed Additional Director and Muhammad Sarwar Inspector, who had been working under the supervision of Zafar Ahmed Qureshi.

The bench also made certain correction in the notification which were carried out and later placed on record.

The Chief Justice told the Attorney General that the DG FIA had not implemented its orders of July 7 and his action fell in the category of misconduct.

He said "We have passed a good order and if you are not complying with it, you are indulging in misconduct, that can lead to contempt of Court."

The AG to a bench's query replied that the allegations regarding political intervention were levelled by print media which had been denied.

He said if the newspaper stood by its story, they also stood by the facts and were considering to file damage suits.

He said the authorities were of the view that Zafar Qureshi should not have taken his written letter to the media.

The Chief Justice told him to re-instate him and let the inquiry.

He observed that about 14,000 UK pounds were lying in foreign accounts and the FIA official had traced the trail of

embezzled money.

He said the main accused Qasim Dada and Warraich were still absconding.

Justice Amir Hani Muslim observed that explanation sought by Zafar Qureshi was neither done by the competent authority nor his suspension was under the laws.

The AG replied that secretary was the competent authority as head of administration.

The Chief Justice told him that he should have taken up the issue of media campaign against judiciary with the Prime Minister.

He told him that it was after their orders that such campaign was stopped.

"Every institute is bound under Article 190 to come to our aid," he added.

The Chief Justice said that they could appoint a judge to investigate the issue of political interference.

Justice Khilji Arif Hussain said that if the status quo was restored, they could consider against appointing a judge to investigate the issue.

Justice Amir Hani Muslim observed when they had passed a restraining order, the DG FIA had either to seek Court's permission or at least intimated them.

The bench also asked the AG to play his role in averting the situation.

Copyright APP (Associated Press of Pakistan), 2011