The Supreme Court on Friday directed Federal Investigation Agency (FIA) Director General Malik Muhammad Iqbal, Additional Director General Syed Jawed Ali Bokhari and Director Hussain Asghar to submit written statements by May 27 explaining why their cases should not be sent to the competent authority for disciplinary action for interfering in the court’s affairs.
A six-member larger bench of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Muhammad Sair Ali, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain and Justice Ghulam Rabbani was hearing a suo motu case against alleged corruption in Haj 2010 arrangements. The court noted that the incumbent FIA DG had interfered in the court’s affairs by transferring Jawed Bokhari and Hussain Asghar, who were probing into the Haj scandal on the court’s directions.
In his statement, the FIA DG said he transferred the officials in good faith and had not known the actual position and sensitivity of the matter. The chief justice observed that if he was let go, everyone would make similar errors in the future and seek pardon later. He said absolutely no progress had been made into the investigation after the transfer of Bokhari and Asghar. Quoting Bokhari’s statement, FIA Director (Legal) Azam Khan said Bokhari had himself requested to be separated from the case.
He said Bokhari had stated that the SC had shown dissatisfaction and displeasure over his performance in the investigation into the Haj scam, which indicated that the apex court had lost confidence in him. Khan said Asghar had verbally consented for being posted as the Gilgit-Baltistan IGP, therefore his case was forwarded to the Establishment Division for posting.
The CJP observed that the facts narrated by Khan prima facie suggested that the incumbent FIA DG had attempted to interfere in the case’s proceedings by transferring Bokhari and Asghar. He said if an officer had admitted to below par performance on the job and failed to satisfy the court, he was liable to be charged under the law. The chief justice said it seemed that the FIA DG was incompetent and had no right to continue his position, adding that he should forget being promoted.
The court noted that Asghar made reasonable progress in collecting evidence about the Haj scam, which is why he had been offered the Gilgit-Baltistan IGP seat by the Establishment Division. It said the FIA DG should not have allowed Asghar to accept the post, adding that he should not have spared a competent officer who was investigating an important case of corruption in Haj affairs.
Appearing on notice, Establishment Division Secretary Abdul Rauf Chaudhry informed the court that the prime minister could not sign the summary sent to him for reposting of Bokhari and Asghar, since he was preoccupied with issues of national importance after the Abbottabad incident.
