The Supreme Court on Tuesday ordered removal of Director General Federal Investigation Agency (FIA) Waseem Ahmed within three days, as it expressed dissatisfaction over his performance in investigation of large scale corruption cases.
A six-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Asif Saeed Khan Khosa and Justice Ghulam Rabbani was hearing a suo motu case regarding corruption in Hajj arrangements last year.
The court expressed dissatisfaction over FIA report on mismanagement and alleged corruption in Hajj affairs and observed that it seemed as if the investigation was being wilfully delayed to protect the accused and government seems hell bent to create hurdles in implementation of apex court orders. The court directed State Bank of Pakistan (SBP) and all the concerned departments to cooperate with FIA when it was told that no help was being extended regarding probe into former religious affairs minister's bank accounts. The court strictly directed SBP governor to cooperate with FIA, besides issuing instructions to all concerned in its ambit to help the probe body.
The court noted that Syed Imran Ali Shah, who had alleged that out of the misappropriated and defrauded amount of Hajj scam, one bullet proof vehicle was purchased by Abdul Qadir Gilani, son of Prime Minister Gilani, through his friend Zain Sukhera at UAE, which was brought to the latter's residence at Sahiwal, failed to substantiate his claim when called for evidence.
The court said that on the basis of baseless allegation, such statement should not have been made by Imran and asked FIA to proceed against him incase of false allegations without any proof. The bench appreciated Abdul Qadir Gilani's appearance before FIA and getting his statement recorded.
The FIA could not give satisfactory answer when the court asked the agency officials that how much amount was found in the bank accounts of former religious affairs minister Hamid Saeed Kazmi as well as other accused and what was the headway in the investigation. Justice Raja Fayyaz Ahmed said that there was indication of any headway in the investigation and it was being delayed deliberately to protect the accused. The court noted that the perusal of FIA's progress report indicated that no effective progress was shown as was also evident from the reports being sent on daily basis for perusal of Justice Raja Fayyaz Ahmed in chamber.
However, the court termed the report quite satisfactory submitted by Religious Affairs Secretary Shaukat Hayat Durrani, stating that payment of Pak rupees equal to Saudi Riyals 700 per pilgrim had already been made to 99 percent affected pilgrims.
Abdul Hafeez Pirzada, counsel for federation, told the court that a committee had already been constituted to look into the cases of persons who were appointed on contract basis. The court then observed in loud and clear terms that appointments on contract basis were not allowed to be continued in terms of Section 14 of the Civil Servants Act, 1973, and the Policy unless the conditions specified therein are satisfied.
"Apparently, it seems that the government is not interested in obeying the order of the court because so far the contract appointments of only 9 officers have been terminated whereas there is a list of more than 100 persons serving on contract basis in different capacities, including Secretaries awaiting orders thereon," the court pointed out.
It noted that it has more than once observed that incumbent DG FIA who himself is holding the post on contract basis in a disciplined force, is responsible for not allowing the investigation of the instant case to proceed in a transparent manner, however, despite these observations, no action has been taken against him. Pirzada stated that the fate of DG FIA will be decided within three days.
"Why the FIA is so ineffective," the chief justice earlier regretted and asked Bukhari to tell, who was not co-operating with him in the investigation process. However, Bukhari said he was investigating the scam independently, according to his own conscience and without any pressure.
Justice Khosa said the law empowers the court to entrust investigation to any one. He said the court was being compelled to supervise the investigation by its own. The court noted that the delay in the investigation of the scam to the extent of discovery of bank accounts was due to non co-operation of the State Bank.
Bukhari said efforts were being made to arrest the accused persons, but they were getting bails from the courts. The court pointed out to him that they should approach the same court or the higher court and provide them assistance to pass appropriate orders under the law.
Bukhari said four letters were sent to the State Bank for the purpose of furnishing details of bank accounts of accused Abdullah Khokhar, Syed Hamid Saeed Kazmi, Aftab-ul-Islam Raja and others, but so far no co-operation was extended.
During hearing, the court reprimanded former federal minister Azam Swati for not presenting proof of corruption against Kazmi and just levelling allegations of corruption against him. The court said it would not allow blame game for political scoring.
The court said the accused Kazmi has said in a statement that he would appear before the court along with 500 people who will give statement that he was innocent and a thorough gentleman. The court adjourned the hearing for two weeks, however directed Bukhari to continue submitting progress report about investigation for perusal of Justice Raja Fayyaz Ahmed in chamber.
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