Seeking an explanation from the government for flouting all its orders, including the recent one of posting the establishment secretary as an officer on special duty (OSD), the Supreme Court on Wednesday asked the attorney general to submit a written response of the prime minister today (Thursday). Heading a five-member bench hearing the Haj scam, Chief Justice Iftikhar Muhammad Chaudhry said honest officers of the state could not be left at the mercy of the executive.
Taking notice of the government’s recent move of making Sohail Ahmed an OSD for acting upon SC orders, the court directed the attorney general of Pakistan to personally meet the prime minister along with the certified copies of the order passed by the court and explain to him the constitutional and legal provisions and produce his reaction in the court in writing today. The court also directed the attorney general that the relevant file, including the summary on the basis of which the notification of making Sohail Ahmed an OSD had been issued, should be produced in the court.
Binding: “We know that the prime minister has discretionary powers, but he should also know that all the institutions are bound to implement the court’s order under Article 190,” the chief justice said.
He said under the prevailing situation, the court could not leave honest officers at the mercy of the executive. “Go and tell the government that we are here to protect the honest bureaucrats,” the chief justice told the attorney general.
Sohail Ahmed had sent a summary to the authority concerned to issue the notification for the reinstatement of Hussain Asghar as the investigation officer in the Haj corruption case, but when no action was taken, he issued the notification to uphold the constitution. The chief justice added that the prime minister acted in haste. The chief justice further observed that by making Sohail Ahmed an OSD, the government had tried to frustrate the court’s order.
“We can pass an order right now but prefer to know from the chief executive first,” the chief justice added.
FIA DG Syed Tehseen Anwar Ali Shah told the court that the orders passed by the court on July 25 and July 26 had been complied to and the Establishment Division issued a notification on July 26 and transferred Hussain Asghar from the office of the Gilgit-Baltistan inspector general to FIA, enabling him to resume investigation into the Haj scam case.