The Supreme Court on Monday quashed the suspension orders of Zafar Ahmed Qureshi – the FIA additional director general and head of the investigation team probing the National Insurance Company Limited (NICL) scam – and directed him to resume his task in bringing back the looted money of the country.
A three-member SC bench comprising Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Amir Hani Muslim announced the judgement in the NICL scam earlier reserved on July 25 in a suo motu case pertaining to the violation of the Public Procurement Rules 2004 in procurement of billions of rupees to the exchequer caused by NICL. “The order of July 4, 2011 or any other order, suspending Zafar Qureshi, FIA additional director general, from service has been passed to render the SC judgement of July 1, 2011 ineffective and non-operative,” a 32-page judgement, authored by the chief justice said.
“Thus, the order of July 4, 2011 or any other order suspending Zafar Qureshi, is quashed and he will be deemed to have been on duty as FAI additional DG pursuant to the SC order of July 1, 2011”, the judgement held. The court also formed a commission, headed by Justice Ghulam Rabbani, to investigate into the political interference in the NICL case and anti-judiciary campaign in the media. It directed the interior, establishment and information secretaries to provide assistance required by him to complete the report. The court directed Qureshi to carry out the investigation into the cases registered vide FIRs No.24, 29 and 46/2010 and 05/2011 etc, forthwith, besides asking him to complete the investigation expeditiously. The court ordered that Qureshi and other government authorities take steps to ensure that public money sent abroad will be brought back. The court said the FIA director general and others would not create hindrances in the investigation being conducted by Qureshi under the court’s direction.
“In pursuance of Supreme Court July 13, 2011 order, no action will be taken against Zafar Qureshi without prior approval of the court,” the verdict said, adding that the investigation team, which had already been assisting Qureshi, would join him, unless he wanted otherwise.
“The court observed that having made the order of July 1, 2011 ineffective, prima facie interference has been made in the judicial functioning of SC as a result whereof not only the authority of the court has been eroded but at the same time the investigation of the NICL cases have been badly hampered, resultantly investigation has come to stand still, no progress has been made and looted money, which has been taken outside the country is not likely to come back unless the investigation of the case is conducted seriously and the government provides support to the prosecution instead of withdrawing its support”. The court directed Qureshi to submit fortnightly reports about the progress into the investigation duly countersigned by FIA Director General to Justice Amir Hani Muslim for perusal in chambers. The court held that Justice Ghulam Rabbani would conduct an enquiry and submit a report on the basis of evidence.
