Removal of DG FIA: Supreme Court gives another chance to government

The Supreme Court on Friday gave yet another chance to the government to remove director-general Federal Investigation Agency (FIA) Waseem Ahmed, with a stern warning "not to test the patience of apex court anymore". Chief Justice Iftikhar Muhammad Chaudhry questioned secretary establishment division Abdur Rauf Chaudhry as to why DG has not been removed yet and also inquired about the "national security issues for which his (Waseem) presence is indispensible'.
The secretary informed the bench that during a meeting of five secretaries deputed to review cases of contractual employees, it was informed that presence of Waseem is important as he is leaving to attend a conference on national security. The secretary further said that he (Waseem) was not retired from FIA but was appointed on contract basis. On which the bench summoned secretary ministry of interior Qamar Zaman Chaudhry, who submitted a summary to the bench terming it classified.
After going through the document, the Chief Justice Chaudhry said that the case pertaining to DG FIA has lost more ground. Justice Raja Fayyaz Ahmed remarked that the summary was 'joke of the year'. Justice Asif Saeed Khan Khosa said, 'it is a classified joke rather'.
The Chief Justice in his remarks said the court knew that decisions taken by it were are not being liked by the concerned persons, as culture of justice was changing, adding that the court had to carry out its duties at all costs. Regretting non-action on court's decisions by the executive, the CJP said: "An order could be issued but the court is observing patience and restraint...it must not be put a test".
A five-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Asif Saeed Khan Khosa and Justice Ghulam Rabbani was hearing a suo motu case on massive corruption during Hajj arrangements in 2010.
Meanwhile, the apex court directed the counsel for federation to file their reply on notices regarding removal of DG FIA and issue of reemployment of persons on contract basis after reaching the age of superannuation till March 16. Abdul Hafeez Pirzada, said that on having received notice along with the order dated March 7, it had become mandatory to submit reply on behalf of the federation. He said that the scope of reemployment on contract basis had been enlarged by applying Article 9 of the constitution, which deals with fundamental rights of a person.
The bench in its order noted that despite repeated observations except removing/terminating the contract of some members of the disciplinary forces like police etc including provincial police officer of Sindh and others, no further progress had been made.
"Wasim Ahmed, DG FIA, is still holding the same post, without prejudice to his case on merits, this court has made observations against him from time to time regarding poor investigation of the case," the bench noted in its order. It further said that other members of the disciplinary forces had been removed and the DG FIA's retention, prima facie, seemed to be discriminatory and against the provisions of Article 25 of the constitution.
The bench was also informed that 47 other employees whose list was filed with the court had been working on contract basis in 22 ministries whereas they were waiting for information from the other 24 ministries. Advocate General Balochistan Salahuddin Mengal informed the court that one person was rehired in the province. Advocate Khyber Pakhtunkhwa apprised that 14 reemployed persons had been removed.
Advocate general Punjab Khwaja Haris said that none of the contractual employees had been working on post reserved for civil servant while advocate general Sindh Abdul Fatah Malik informed that out of 83 contractual employees, 43 had been removed while 40 other cases were being looked into by the committee.
To a bench query, he said that 12 persons who were being retained did not belong to disciplinary forces. The Commissioner Islamabad Capital Territory (ICT) Tariq Peerzada stated that no one was performing duties on contract in ICT. Chief Justice told counsel for federation that if DG FIA was so indispensible, he should be deputed to some other department of high standing as he had spoiled the Hajj corruption case.
The secretary establishment on a court query went out of the court, reportedly to contact the prime minister, and later on his advise apprised the bench that they had been reviewing the cases pertaining to contractual employees and would submit their report as early as possible.
Pirzada also went outside the courtroom to attend to a unanimous important call and returned, seeking more time for submission of reply regarding removal of DG FIA and other contractual employees. While addressing Attorney General Molvi Anwarul Haq, Justice Asif Saeed Khan Khosa said that they had exercised so much restraint. "Do not push us against the wall. We have no grudge against anybody. We wanted rule of law and (were) maligned for it," he added.
Meanwhile, Jawed Bukhari, additional director-general, FIA submitted report and stated that significant progress had been made in the investigation of the case on the basis of which further incriminating material was being collected to ascertain the involvement of the persons in the commission of offence. However, the bench told him that he has to conduct investigation independently and make all out efforts to bring the culprits to book, whosoever they may be, and at the same time pace of the investigation should also be accelerated by collecting evidence at the earliest. The hearing was adjourned till March 16.