Haj corruption case: Supreme Court seeks list of police, FIA officers appointed on contract

The Supreme Court on Thursday directed Establishment Division to furnish list of all police and Federal Investigation Agency (FIA) officers including director general FIA by Friday, appointed on contract basis, besides explaining reasons why these persons have been such important assignments on contract that directly relates to ensuring rule of law in the country.
The court observed that on receipt of such list, the apex court registrar office would issue notices to all such officers to appear and explain as to under what authority they have been appointed on contract basis, and as to why notifications for their appointments should not be cancelled.
"It is in the interest of the government to promote junior officers, who are waiting for promotion rather they should be encouraged instead of employing persons on contract basis unless their services are indispensable, particularly, with regard to disciplined forces like police, FIA etc.", the bench remarked.
The court observed it was fully conscious of its duty, which has to be discharged under the constitution and when it is attempted to hush up corruption cases like Haj scam, it can pass appropriate order as it has already directed, and it could not be oblivious of its function to ensure that in the departments like police and FIA, people, who deserve to be promoted on basis of efficiency or performance are appointed and not on contract basis.
A six-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, which was hearing a suo motu case regarding corruption in Haj arrangements, expressed its concern over the scope of power of new investigation officer for the Haj scandal, besides indicating action against DG FIA waseem Ahmad over inadequate investigation into the case.
The court said in terms of definition of section 2(1) (b)(ii) of Civil Servants Act 1973, a person who is employed on contract does not even fall within the definition of a civil servant, so his authority to command and maintain discipline can well be imagined from the fact that if a person himself is not a civil servant, he is considered only bound by the terms and conditions of his contract and not by the statutory law, because if any condition laid down in the contract is violative to statutory law, he would only be subject to action under the said contract
During the course of proceedings, the Attorney General told the court that in pursuance of the court orders, the DG FIA Waseem Ahmed has been removed from investigation into Haj scam, while Jawed Ali Shah Bukhari has been assigned the task to probe the scam independently. Justice Chaudhry said since DG FIA was himself on contract basis and did not fall in the definition of civil servant, thus how Jawed Ali Shah Bukhari, IG Police, could work under his command. He observed that unless Jawed Bukhari is not appointed as member FIA, he could not be able to exercise his powers.
Jawed Bukhari told the court that he himself had expressed reservations vis-à-vis on the notification and order of his deputation for the probe, as without having been made a FIA member it wouldn't be possible for him to deliver. The court noted that Syed Jawed Ali Shah Bukhari was a BS-21 regular officer of the Police and previously he had been working as PPO/IGP, Balochistan and now he had only been made in-charge of the investigation and his performance would be supervised in terms of section 4 of the Act 1974 by a person, who after attaining the age of superannuation has been appointed on contract basis.
"It is indeed very strange that in the disciplinary forces, particularly, police and FIA where people have to work in well defined discipline, the persons supervising the forces have been permitted and are holding the charge on contract basis," the court noted.
Afnan Karim Kundi, counsel for former federal minister Azam Swati, told the court that since big guns were involved in the scam, and this was the reason nobody was arrested yet. "We are not dumb and we will either dismiss or suspend the officials, if found guilty in the scam," Justice Ramday remarked.
Expressing his annoyance, Justice Chaudhry asked Attorney General that why Zain Sukhaira - a close friend of PM Gilani's son, who was also involved in the scam, would not be included in the investigation. The Chief Justice observed that they were expecting transparent investigation from the concerned authority into the scam. However, day-by-day new techniques were being adopted just to hush up the probe. "Still efforts were not yet made to conduct the investigation in transparent manner," he observed.
"We are just observing things yet so that the government could realise the situation, however, whatever has been done to date is just to protect the criminals and nothing else," Justice Ramday remarked. Justice Javed Iqbal asked Attorney General that the FIR lodged in the case lacked relevant sections, having only those sections, which are bail able. He said Zain Sukhaira and Ahmed Faiz have not been arrested yet. "No proper investigation has been conducted in the case except facilitating the criminals," Justice Javed Iqbal noted.
Influential people are involved in the case, but you have only held Rao Shakeel responsible, the CJ observed, adding that it seems as if the Establishment Division does not know the law while issuing notifications. Earlier, Secretary Religious Affairs Shaukat Hayat Durrani told the court that complete arrangements have been made for disbursing 700 Saudi riyal each to the affected pilgrims and he has been ensured by the concerned Banks that the task assigned to them would be completed in a transparent manner and the amount equal to Pakistani rupees, will be ensured to be handed over to each pilgrim as early as possible.
He said that he himself was supervising the distribution of money to the effected pilgrims. He assured the court that there would be no complaint of mishandling etc. The court appreciated him for taking personal interest in obeying the court orders. However, the court directed him to prepare a comprehensive report from the Banks and submit it to the court within month.
Earlier, Chief Justice expressed reservations over target killings in Karachi and observed that even the IG Sindh has been appointed on contract basis, as 75 people have been killed during the current month alone in Karachi. He said one of the reasons of lawlessness in Karachi was the contractual IG, as he has no command being a contractual employee. The hearing was adjourned till January 27.