Supreme Court takes notice of Sohail's removal: AG directed to take up issue with Prime Minister

On resumption of Hajj corruption scam hearing on Wednesday, the Supreme Court took notice of Sohail Ahmed's removal, and issued directives to Attorney General of Pakistan (AGP) to communicate SC orders to Prime Minister Yousaf Raza Gillani (PM), personally, with a copy of the decision on restoration of Hussain Asghar to probe the Hajj scam.
Besides, the AGP was also directed to present before the bench a written reply, on Thursday, on the basis of PM reaction. A six-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing the Hajj corruption scam case. The Chief Justice said in his observation, while addressing AGP, that he should make sure appointment of Sohail Ahmed as Secretary Establishment because he issued notification of Hussain Asghar's transfer in pursuance of the court orders.
Sohail Ahmed Secretary Establishment was posted as 'Officer on Special Duty' (OSD) on Tuesday within an hour of issuing a notification on the SC orders, transferring Asghar as Director Federal Investigation Agency (FIA) from his previous post of Inspector General Police Gilgit Baltistan. Hussain Asghar was posted to GB at a time when he was leading a team probing the Hajj scam and was close to unearth names of several influential personalities. The SC has ordered Sohail Ahmed, the then Secretary Establishment on Tuesday to immediately issue transfer orders of Hussain Asghar otherwise stern action would be taken against him.
The Chief Justice added that court has expressed many a time that transfer and posting is the domain of the Executive Authority, adding that under the Article 5 and 190 of the Constitution of Pakistan all the executive and judicial authorities are bound to abide by the SC directives. The Chief Justice said in his remarks, "Notification of Hussain Asghar's restoration was issued under Article 190 of the Constitution," adding that relegation of Sohail Ahmed was an effort to instigate the court whereas the effort is creating bad impression among honest bureaucrats and nation.
The CJP observed, "There is no doubt that Executive has authority to transfer the bureaucrats but in the present situation honest officers could not be left at the mercy of Executive; so the court is duty-bound to protect the honest public servants".
The Chief Justice termed the demotion of Sohail Ahmed as an effort to make the court's orders ineffective which, he said, was a constitutional violation that could create panic. On the directives of SC, Tehsin Anwar, Director General (DG) FIA appeared before the bench and said that Hussain Asghar has not yet resumed the charge. "However, a letter would be written to the GB government today asking to relieve Hussain".
On this, the CJP observed, "Only rule of law would be followed in the country". The bench directed the DG FIA to appear before the court on next hearing with an update on Hussain Asghar's charge resumption as investigation head of the Hajj corruption scam. The court adjourned the hearing till Thursday.