The Supreme Court on Friday directed the Secretary Establishment Division to initiate disciplinary proceedings against Additional Director General, Federal Investigation Agency (FIA), Syed Javed Bukhari, as well as dissociate him from the current post of Deputy Director Anti-Narcotics Force and furnish report within four-week.
The directives were issued by a five-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry while hearing a suo motu case regarding corruption in Hajj arrangements in 2010.
The bench also ordered Secretary Establishment Rauf Chaudhary and Interior Secretary Qamar-uz-Zaman to submit complete record regarding the transfer of Hussain Asghar, Director FIA, who had been investigating the Hajj corruption case with the entire satisfaction of court and had collected some important evidences against the accused, but was replaced and appointed Inspector General of Police Gilgit-Baltistan.
The court observed if Hussain Asghar was not brought back to probe the Hajj scam, then another contempt of court notice would be issued to DG FIA along with notices to the secretaries of Interior and Establishment Division.
During the course of hearing the bench expressed dissatisfaction over the progress report presented by FIA on Hajj scam. The court observed that Syed Javed Bukhari, being a supervisory officer in Hajj corruption scam, was not interested to conduct the investigation and managed his transfer. The court quoted Bukhari's letter to DG FIA where he made a point that apex court lost confidence in him where his performance was not satisfactory and requested the DG FIA Iqbal Malik to dissociate him from the case with immediate effect. The court observed that DG FIA forwarded the case to Establishment Division for notification rather than inquiring from Bukhari that why his performance was not up to the mark.
The court observed that Bukhari was first transferred from FIA and appointed as Managing Director, Printing Corporation of Pakistan as he cleverly managed issuance of a notification by submitting an application to the Supreme Court describing; "As I have been elevated as MD Printing Corporation, Pakistan therefore I may be allowed to dissociate myself from the case."
The chief justice stated, according the documents, submitted to the court, within seven days he was transferred as deputy director Anti-Narcotics Force. The court noted Bukhari has not been promoted to Grade 22 so far, whereas DG FIA and secretary Establishment Division have shown indicant haste in transferring him as additional DG FIA. Javed Bukhari, however, submitted, "I have never asked for transfer verbally or in written."
"For elevation to Grade 22 you spoiled everything. Why the court should not proceed against you as you have made mockery of the court," the CJ remarked. The chief justice asked DG FIA "How much magnanimity we should show?" adding that the court was showing restraint but the government officials were taking undue advantage of this restraint.
During the hearing, DG FIA Malik Iqbal pleaded the court to forgive him. Iqbal submitted that before he took the charge as DG FIA, a plan was ready to transfer Hussain Asghar from the Hajj case. Justice Tariq Pervez inquired from DG FIA as to what should be his reaction when some of his subordinates told him that Supreme Court was not satisfied with his performance and lost the confidence.
"Should you forward his case for promotion and transfer him from the task assigned by the court or must take action against the said official for inefficiency and misconduct and ask him to improve his performance? "Justice Pervaiz questioned. The hearing was adjourned till June 10.