Govt digs in as SC orders FIA DG’s arrest

Reserving the verdict of a three-member Supreme Court bench on non-compliance with its orders to reinstate the Federal Investigation Agency (FIA) Additional Director General Zafar Qureshi, who was removed from the investigation of the National Insurance Company Limited (NICL) scam and later suspended, a visibly upset Chief Justice Iftikhar Muhammad Chaudhry asked the establishment secretary on Monday to suspend, arrest and produce before the court the FIA director general (DG), who had not appeared before the bench despite having been served with a notice previously.
The absence of the FIA DG, who had left for Karachi ignoring the court orders, infuriated the judges and the chief justice remarked that political interference in court matters was increasing in order to undermine the authority of the court. Prime Minister Yousaf Raza Gilani told reporters later in the evening that the government had accepted and complied with the court’s orders in the past and would respect all decisions of the court in future as well. Even though he said the Qureshi issue would be resolved, the government does not seem to be ready to surrender to the court.
PM DENIED MORE TIME: At the outset of the NICL scam hearing, Attorney General Maulvi Anwar-ul-Haq had requested the court to grant some more time to submit the stance of the prime minister vis-à-vis the grounds on which he suspended and declined to reinstate Qureshi despite court orders. The court, however, rejected his request noting that sufficient time had already been granted to the prime minister. Meanwhile, the court reserved its verdict saying that in pursuance of its July 14 orders, it would be announced later on. In the last hearing, the court had sought the standpoint of Prime Minister Gilani and Interior Minister Rehman Malik till July 25 through the principal secretary and interior secretary respectively.
At the beginning of the hearing, the chief justice directed the attorney general to explain to the court what authorities he had contacted so far in this regard and to submit the replies if he had received any in this connection. To a court query, the attorney general stated that according to the investigation team, Mohsin Habib Warraich and Moonis Elahi had transferred £1.3 million in the NICL scam. The chief justice stated that the court had to protect every penny of the state. “Law must take its course irrespective of who is who,” the chief justice said. Expressing dismay over the absence of the FIA DG, the chief justice asked Establishment Secretary Sohail Ahmed to suspend and arrest him. “Should we issue an arrest warrant or are you going to bring him?” the chief justice asked the establishment secretary.
During the hearing, the registrar’s office submitted a report stating that phone calls were being made to the FIA DG since morning, but he had gone to Karachi. Sohail Ahmed told the court that he had contacted the FIA DG but he was not available. He said he had also contacted the DG’s Staff Officer Waseem Ahmed, who was in Lahore, and told him that as soon as he heard from the DG, he should tell him to contact the establishment secretary on the phone. To a court query, the establishment secretary said he had moved a summary to the competent authority against the FIA DG, however the reply of the competent authority was still awaited. “No action has been taken so far in this regard,” Justice Amir Hani Muslim said.

The chief justice stated that it seemed that FIA Legal Director Azam Khan was also asked not to appear in court, and as if he was transferred to Quetta.
“We have empowered Zafar Qureshi to probe the NICL scam, how could he be suspended?” Justice Tariq Parvez asked. The attorney general stated that Qureshi was suspended on a letter he had sent to FIA DG, asking him to reinstate four members of his team investigating the NICL scam. “This is not misconduct, as it was not hidden from anyone, thus he could not be suspended,” the chief justice said.
He asked the attorney general whether Qureshi had given any interview to any TV channels against the interest of the department. “You people considered Zafar Qureshi your enemy and started taking action against him to such an extent that it forced him to leave the investigation of the NICL scam,” the chief justice said.
“The court faced political interference in its judicial matters, and advertisements were run on the electronic media undermining the authority of the judiciary,” the chief justice told the attorney general.
TV ADVERTISEMENTS: In pursuance of court orders, Information Secretary Taimur Azmat Usman submitted a report pertaining to the advertisements run on electronic media over the NICL scam pending in court. The court, however, expressed dissatisfaction with the report and observed that it knew well that the Pakistan Electronic Media Regulatory Authority was responsible for controlling the electronic media. “We didn’t ask about the power of a democratic government but we have to take action as per law,” the chief justice said, asking the information secretary to pinpoint the responsible people who gave the advertisements to the electronic media and submit the report again. Later, the court adjourned the hearing for an indefinite period.