SC reserves verdict in contempt case against DG FIA
However, it did not agree with stance of Secretary Establishment Division Abdur Rauf Chaudhry that he issued notification regarding transfer of FIA additional director general Zafar Ahmed Qureshi tasked to investigate the multi billion National Insurance Company Limited (NICL) scam, on the verbal orders of the competent authority
A three-Judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Amir Hani Muslim took up issue of framed charge against DG FIA under Section 3 of the Contempt of Court Ordinance 2003 read with section 5 (1) for creating obstacles in judicial administration and interfering in process of law.
Qamar Zaman, secretary Interior, apprised the bench that he had not initiated any summary on his own rather the letter received from DG FIA was forwarded to the secretary establishment.
To a bench's query he said that letter was about a reference to Establishment Division so under rule of business he had to forward it.
The Chief Justice observed that no one had asked for disassociation of Qureshi but it was done under a plan.
The Secretary Establishment Division apprised the bench that on April 18, he received verbal orders from the Prime Minister and issued notification and the implementation was confirmed by Khushnood Lashari, secretary to the PM.
The Chief Justice said that now they were involving the Prime Minister.
"What was the necessity to put the issue before the Prime Minister! The notification says something else!" he questioned.
Abdul Hafeez Pirzada, counsel for Federation, prayed to Court to show restraint.
The Chief Justice said that for the last many years they had been showing restraint.
"For the last two months, we are saying lets the good sense prevail," he added.
He said "We want the system to function. Convey to your government that we have nothing with the recovered money as it belonged to general public and the government could take benefit of it. Yesterday over Flood Commission report, we have appreciated the government's steps."
Expressing his annoyance over the stance of secretary Establishment Division, the Chief Justice remarked that there was no law for the influential people.
Addressing Abdur Rauf Chaudhry, he said that he could have said that matter was sub judice and he could not do anything.
In the main case of National Insurance Company Limited (NICL) scam, Moazzam Jah Ansari, FIA director Karachi, apprised the bench that they had investigated alleged transfer of Rs 410 million to three accounts owned by Makhdoom Amin Fahim, minister for Commerce, his wife and son through late Zafar Saleem, former DG Sindh Workers Funds, but they have denied it.
Amin Fahim had told them that his assistant Ali Hassan was incharge of such transactions and he was ignorant of it, he added.
He further apprised that Ali Hassan had admitted that the money was transferred over a land transaction and for payment of loans but he would refund it.
Jah said that they had issued red warrants for Khwaja Akbar Butt, a cousin of late Zafar Saleem, also involved in the transaction.
He said that he also submitted a report before the parliamentary committee saying that money had travelled into various accounts and there were elements of kickbacks.
Giving further details, he said they had detached another 10 acres of land, Rs 100 million in cash, Rs 55 from Ayaz Khan Niazi former NICL chairman, besides, procuring Rs 410 million cheques but these had yet to get clearance.
The Chief Justice said that if progress was not made the whole investigation team might land in jail.
He said that they were fed up with the paper work.
The bench granted two-week time to FIA director to complete his investigation.
Copyright APP (Associated Press of Pakistan), 2011