Courts strike balance, do not go against anyone: CJP

Wednesday proved to be a busy day for the Supreme Court of Pakistan which seems to have put in all of its energies in an onslaught on the alleged corruption and misgovernance in the government.
In one of the cases it heard yesterday, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry observed that the courts had to strike a balance during proceedings while stressing that they did not go against anyone, while in a separate case, regarding the transfer of Hussain Asghar, IGP Gilgit-Baltistan, the chief justice ordered the Attorney General to issue suspension notice to the IGP if he did not appear before the court on Thursday (today) in Hajj corruption case.
Heading a three-judge bench over the contempt case of Deputy Director FIA Lahore, Waqar Haider, he reminded the counsel that they should do away with the concept that the influential were beyond the approach of law. He observed that when there was rule of law, everyone had to abide by it. During the course of proceedings, Tariq Ahsan, counsel for Waqar Haider, pleaded that his client’s plea for clemency should be accepted as it was based upon his bonafide stance.
Tariq Ahsan said that his client regretted and wanted clemency. The chief justice told him that his client had disobeyed the court’s direction in the National Insurance Company Limited (NICL) case and it was his attitude which had landed him into trouble. “We have tolerated such an attitude so much and now will not endure it anymore,” he added. Waqar Haider apprised the bench that court’s orders regarding Zeeshan Afzal, an accused in land grabbing case, was implemented as he had been arrested. Justice Jawwad S Khawaja remarked that for full 27 days no efforts were made by him. The chief justice observed that his clemency plea was not accepted. Dil Muhammad Alizai, Deputy Attorney General for Pakistan, appeared before the bench and said that the officer had flouted the court’s orders and was liable to be dealt in accordance with the laws. However, on the request of his counsel for production of evidence in his defence, the hearing was adjourned till July 30. On June 13, the court had indicted Waqar Haider in contempt of court charges, after declaring that he had created hurdles in way of justice by not allowing Zafar Ahmed Qureshi, former FIA investigation officer perform his duties.
Haj corruption case: The Supreme Court on Wednesday ordered the Attorney General to issue suspension notice to Inspector General of Police (IGP) Gilgit-Baltistan, Hussain Asghar, if he did not appear before the court on Thursday (today) in Haj corruption case. The three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawad S Khawaja and Justice Khilji Arif Hussain, was hearing the proceedings on the case of transfer of former Director FIA, Hussain Asghar, who was probing Haj corruption case. Justice Khilji Arif Hussain said that it has become habit of the government officials to defy and disregard the court judgment. During hearing, Hussain Asghar who was heading the FIA team investigating the scam when he was appointed IGP GB failed to appear before the court. The chief justice instructed the deputy attorney general to issue a suspension notification if Asghar failed to appear in court by today otherwise the court would take action in this regard. Deputy Attorney General informed the court that an inquiry committee has been constituted over the matter of transfer of Hussain Asghar. The chief justice remarked that there would be no compromise on the prestige of the court. FIA’s legal director told the court that disciplinary action would be taken against Hussain Asghar. In response, the chief justice directed the authorities to ensure Hussain Asghar’s presence during the next hearing. Otherwise, his suspension orders should be issued.
Hussain Asghar had performed his duty as investigating officer in the Haj corruption case and currently he is serving as Inspector General of Gilgit-Baltistan. The CJ also inquired as to why Asghar had not been suspended already and summoned the attorney general. The chief justice said that the court was giving its last notice to the bureaucracy in the matter of Asghar. CJ Iftikhar Muhammad Chaudhry in his remarks said that if the government expressed its willingness to bring back Asghar Hussain, then he could come back in five minutes. “Don’t make it a court of civil judge, how is it possible that an employee refuses to listen to the government?”, the CJ remarked.
Justice Jawad S Khawaja remarked that how was this possible that a government official disobeyed the judgment of the court. He added that what type of that official was who was not following the orders of his boss and despite that he was enjoying facilities. The court summoned the attorney general to reply the court in Hussain Asghar case. The AG also endorsed the reply of the deputy attorney general and informed the court that the government had constituted an inquiry committee which was headed by Imtiaz Inayat Elahi on the issue of transfer of Hussain Asghar case. The SC expressed its dissatisfaction over the reply of the AG and Deputy Attorney General and gave them time of one day to ask the Prime Minister that why Hussain Asghar is not assuming his duties.