Attorney General Maulvi Anwarul Haq told the Supreme Court on Thursday that despite the suspension of Federal Investigation Agency (FIA) Additional Director General Zafar Qureshi, no inquiry had been initiated against him on disciplinary grounds, as the apex court ordered the FIA director general (DG) to reverse transfer orders of four officers who were part of the team investigating the National Insurance Company Limited (NICL) scam, observing that these transfers appeared to have been made to undermine the authority of the court and influence the investigation.
“Prima facie, we are of the opinion that transfer of these officers had taken place in order to undermine the authority of this court and to influence the course of investigation, which is in clear violation of the directions of this court,” a three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry observed in its order on Tuesday while hearing the Rs 5 billion NICL scam case.
To a court query, the attorney general stated that an authorised officer had been appointed and until the officer was given instructions, departmental proceedings against Qureshi would not be undertaken. The court told the FIA DG to reverse the transfer orders of the four officials in question and immediately post them to the positions where they had been performing their duties before they were transferred.
The court had taken notice of Qureshi’s suspension and the transfer of the four officials who were assisting him in the investigation. Appearing on notice, Qureshi told the court that all four officials were assisting him in the investigation in an upright manner. He said the officials had vowed not to come under any pressure and would do what was right.
During the hearing, the attorney general produced the record of the suspension of Qureshi and transfers of the four officials. The court noted that Qureshi and his team had recovered Rs 1.75 billion, which was a major breakthrough.
The court also noted that the team had succeeded in collecting evidence to the fact that out of the total sum embezzled in the NICL scam, a considerable amount had been deposited in the United Kingdom, and they had collected the evidence through FIA Deputy Director Mirza Sultan Baig via the Serious Criminal Issues Agency.
The court stated that as soon as the order was passed on July 1, 2011 suspending the notification of Qureshi’s transfer, he was disassociated from the investigation and his team members were transferred.
According to the record submitted by the attorney general, Qureshi was called upon by the joint secretary (Establishment Division) to explain within 24 hours of the receipt of explanation about the allegations that he had written a letter to FIA DG to the effect that transfer order of various officers of FIA by him were irregular and illegal and had asked the FIA DG to withdraw the said order forthwith.
It was alleged further in the letter of July 2 that news were also flashed in the electronic media on the evening of July 2, but Qureshi failed to contradict them, giving the impression that the news reports in question were correct. The court noted that Qureshi was directed to submit his explanation within 24 hours, whereas under the E&D Rules of 1973, such explanation was to be called for by a competent authority or an authorised officer within the minimum period of seven days and maximum 14 days.
The attorney general stated that the explanation was not issued under Rule 6 of the E&D Rules of 1973, thus its compliance was not mandatory, however explanation was called to know about the officer’s stance on the matter.
ATTEMPT TO STOP PROBE: The court, however, noted that this explanation was followed by a suspension order on July 4, 2011. “It seems, prima facie, that an attempt has been made not to allow Zafar Qureshi to continue the investigation of the case of NICL scam as the accused persons who are outside the country have not been brought back as yet nor interim challans against them have been submitted in those cases, nor the alleged amount deposited by them outside the country has been brought back,” the court ruled in its order.
The court stated that in this scenario, Qureshi was required to continue with the investigation of the case and also to probe the matter further in depth because allegedly in the province of Punjab, there was a scam of Rs 5 billion and so far Rs 1.75 billion had been recovered.
The court noted that perhaps on account of some political intervention, action against Qureshi had been taken and he was suspended. The court noted further in its order that there were also serious allegations against the interior minister to the effect that he had summoned Qureshi and – according to the reports in the newspapers – given him four options: leave the country immediately; go on a long leave; tell the Supreme Court in writing that he could not continue with the NICL investigation for personal reasons; and if all three were not possible, then bail out Moonis Elahi.
The court noted that this news item was widely published on July 5, 2011. “This statement was contradicted but The News stands by its story,” the court noted in its order. The attorney general, however, requested that some time be given to him to seek instructions.
“This is a very grave and serious matter and has its own repercussions and that this court, otherwise, would be appointing some retired judge of this court or of the high courts who would probe into the matter, record evidence and thereafter would give findings,” the chief justice remarked.
“Prima facie, we are of the opinion that a person who has stood for the rule of law and has been performing his duties with commitment and dedication in compliance with the directions of this court is being punished just for doing the right job,” the court stated. Later the court adjourned further hearing till July 13.