The Supreme Court Friday issued notice to Federal Minister for Science and Technology Azam Swati under Article 62 (1)(f) of the Constitution and constituted a Joint Investigation Team (JIT) to probe his assets, sources of income and reasons of his return from the United States.
The JIT consists of Ahmed Rizwan from the Intelligence Bureau (IB), Mirwaiz Niaz from the Federal Investigation Agency (FIA) and Director General National Accountability Bureau (NAB), Rawalpindi. The JIT will also probe the 'misconduct' by the federal minister. The Chief Justice said the senior among the members would head the JIT. The JIT would file its report in two weeks.
The federal minister has been directed to file reply to the notice why he should not be proceeded against under Article 62(1)(f) of the Constitution. A three-judge bench, headed by Chief Justice Mian Saqib Nisar, was hearing a suo motu case regarding transfer of Inspector General of Islamabad Police, Jan Muhammad.
The Chief Justice inquired from Jan Muhammad if he would like to continue his job as IGP Islamabad in view of a lot of campaign against him. He, however, recused himself from continuing his service on this post and requested the court to let him comply with the competent authority's order regarding his transfer as he won't be able to work in such circumstances. Upon his request the court withdrew its earlier order to hand over additional charge of the post of Islamabad IG to another senior officer.
"We are seeing that Azam Swati, who is senator and the federal minister, has misused his power and does not fulfill the requirement of the Article 62(1)(f)." The JIT would thoroughly hold an inquiry to determine his misconduct as a minister and misuse of authority. The JIT should inquire as to what kind of cases the minister faces in the US and whether he can travel to the US or not, the Chief Justice said. Barrister Ali Zafar, representing Azam Swati submitted an apology on behalf of the minister and held the police responsible for an argument between his staff and the family that had allegedly encroached upon the minister's land.
The court, however, rejected the apology and said that it would form a JIT to probe the transfer of the Islamabad police chief. "We will also examine the Article 62(1)(f) in this matter," said Chief Justice. "We have great respect for the Parliament. The power should not be misused this way."
Taking exception to Zafar, the Chief Justice said, "You are the lawyer of every other big name, why shouldn't we revoke your licence?" In his statement to the court, Swati assigned the responsibility for the whole episode to police. "I leave myself at the mercy of the court," he said.
In his reply he also submitted documents relating to his American citizenship. The incident happened on October 24 evening, said Swati, adding that he contacted the police but didn't get a reply. "I faxed a message to the IG office," he said, adding that despite the passage of two days, he did not get a reply.
"After two days, members of the family assaulted his employees," said the minister, adding that he then got an FIR registered against eight unidentified suspects. The IG was not transferred because he (Swati) made a phone call, he assured, adding that the media has misreported the incident.
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