A special bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Asif Saeed Khan Khosa and Justice Ghulam Rabbani resumed hearing of a suo motu over Hajj arrangements corruption case.
Abdul Hafeez Pirzada, counsel for the Federation, appeared and said that on having received notice along with the order dated March 7, it had become necessary to submit reply on behalf of the Federation.
He said that the scope of re-employment on contract basis had been enlarged by applying Article 9 of the Constitution, which dealt with a fundamental right 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 (Police etc.) including Provincial Police Officer Sindh and others, no further progress had been made.
"Wasim Ahmed, DG FIA, is still continuing against the same post although, 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.
It further said that other members of the disciplinary forces had been removed and the DG FIA retention, prima facie, seemed to be discriminatory and against the provisions of Article 25 of the Constitution.
During course of proceedings, the Chief Justice questioned secretary Establishment Division Abdur Rauf Chaudhry as to why DG was not removed from his post and what were the national security issues he was dealing!
The secretary apprised the bench that during a meeting of five secretaries to review cases of contractual employees, secretary ministry of interior had informed them that the DG FIA would be leaving to attend a conference on national security issue.
He further apprised that DG FIA was not retired from the same department and only he was appointed on contract.
The bench summoned secretary ministry of interior Qamar Zaman Chaudhry who appeared after some time and submitted a summary with the bench terming it classified.
After going through the document, Chief Justice said that his case had become more weak.
Justice Raja Fayyaz Ahmed remarked that the summary was joke of the year while Justice Asif Saeed Khan Khosa said "it is classified joke."
The bench was apprised that 47 other employees whose list was filed with the bench 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 bench that one was rehired in the province.
Advocate Khyber Pakhtunkhwa apprised that 14 re-employed persons had been removed.
The Chief Justice appreciated the provincial government for implementing the Court's directive without adopting any delaying tactics.
Advocate general Punjab Khwaja Haris said that none of the contractual employees had been working on civil servant posts while advocate general Sindh Abdul Fatah Malik informed that out of 83 contractual employees, services of 43 had been terminated while 40 other cases were being looked into by the committee.
To bench's query, he replied that 12 persons who were being retained did not belong to disciplined forces.
The bench directed them to deliver copies of their reports to the Attorney General for Pakistan for his assistance.
The Commissioner Islamabad Capital Territory (ICT) Tariq Peerzada stated that no one was performing duties on contract in the ICT.
The Chief Justice told the Establishment secretary that they had to look into the cases under the relevant rules without feeling any heartburn.
He remarked "When Court issues orders independently, these are not liked often. But the culture is changing. There must be rule of law. But if Court's orders are flouted in this manner then where will be rule of law and how Constitution would be enforced."
He told counsel for federation that if DG FIA was so important, he should be deputed somewhere else as he spoiled the case.
The Establishment secretary to bench's query contacted the Prime Minister and apprised it after a while that they had been reviewing the cases.
Similarly, Pirzada also went outside the Courtroom to attend to an important call and returned with the request that time be given for submission of reply.
Justice Asif Saeed Khan Khosa addressing to Attorney General for Pakistan Molvi Anwarul Haq said that they had exercised so much restraint.
"Do not push us against the wall. We do not have any rancour against anyone. We wanted rule of law and maligned for it," he added.
Pirzada replied that the official had already been humiliated as he had been removed from supervising Hajj scam, Pakistan Steel Mills and NILC cases.
Syed Jawed Hussain Bukhari, Additional Director General FIA submitted a report regarding progress in main Hajj scam 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.
The bench directed him to conduct investigation independently.