As a six-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of the suo motu case regarding corruption in Haj arrangements in 2010, Attorney General Maulvi Anwarul Haq told the court that the prime minister has been apprised of all the details of the case. He also prayed for more time until Monday for the restoration of establishment secretary. The CJP said that much time could not be given and ordered to submit the answer by today (Friday).
Sohail Ahmed had been made an OSD (officer on special duty) by the government on Tuesday, about two hours after he submitted to the Supreme Court a notification transferring Hussain Asghar, the IG of Gilgit-Baltistan, back to the FIA in the face of a stern court warning of immediate action against him on contempt of court charge for not complying with its orders. Irritated by the demotion of the top bureaucrat for obeying its orders, the court on Wednesday directed the attorney general to personally convey to Prime Minister Gilani the court?s feelings and explain constitutional implications of a deviation from the court?s orders.
During the proceedings, the AGP informed the bench that he met the PM and explained to him the contents of the court?s July 27 order as well as the intrinsic constitutional and other legal provisions. He told the court that the PM has asked him that he would hold another meeting with him (AGP) for his response, and therefore, the PM had requested for granting time till Monday for submitting his response. But the bench refused PM?s request and stated it was not possible to constitute a larger bench continuously for weeks because judges have to attend the court sessions at Branch Registries for taking up general public cases.
The Chief Justice said: ?We don?t doubt the good intention of the government but dilly-dally on the issue is not good omen.? The CJP said there is no problem for the bench to pass an order. But the attorney general remarked that the prime minister was not thinking on that lines which the court construed.
The chief justice said that Haj scam has brought disrepute to the country internationally. ?We are well aware of our constitutional limitations.? But when the employees are sacked, they approach the court for justice. The case was not about a bureaucrat but the rule of law and upholding the constitution, he added. He said it is settled law that after an apex court ruling there is no need of permission from the competent authority. When someone decides that he has to follow the constitution, the implementation of the order is just one-minute delay.
Earlier, the attorney general and FIA officials also informed the court that the FIA officer Hussain Asghar could not be contacted. DG FIA Tehsin Anwer informed the court that IG Gilgit-Baltistan office said that Hussain Asghar has left for Islamabad, while DIG Headquarters said he was in Skardu. He said on oath that there was no pressure on him regarding Hussain Asghar and all his phone numbers are switched off. Efforts are on to contact him at Skardu rest house through wireless, he added.
The chief justice said the government is playing hide and seek regarding the Hussain Asghar issue. ?How strange it is that an officer of IG level could not be contacted,? the CJP wondered. Justice Arif Hassan remarked it was strange that such a high official could not be contacted, and all the agencies including FIA were looking for him. The court adjourned the hearing till today (Friday).
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