- Justice Nisar says court will take action against Swati under Article 62(1)(f)
- SC orders formation of JIT to probe Azam Swati’s misconduct
- Jan Muhammad excuses himself from Islamabad IGP duties
ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Friday directed Federal Minister for Science and Technology Azam Swati to resign from his post.
A three-member bench headed by CJP Nisar heard a suo motu case pertaining to the transfer of Islamabad Inspector General of Police (IGP) Jan Muhammad. IGP Muhammad was transferred on October 27 after he allegedly refused to take action on a complaint by Federal Minister Azam Swati’s son regarding a fight with a family at their farmhouse.
Swati, the affected family, the attorney general (AG) and Islamabad IGP appeared in court.
As the hearing went underway, Swati’s counsel, Barrister Ali Zafar submitted an apology in court on behalf of his client. However, the top court rejected his apology ordering for the formation of a Joint Investigation Team (JIT) to investigate the “unlawful” transfer of the IGP.
Moreover, it was reported that the JIT will include officials from the National Accountability Bureau (NAB) and the Federal Investigation Agency (FIA).
The CJP said that the apex court will examine Article 62(1)(f) in the matter, which states that a person is not eleigible to hold office and be elected to Majlis-e-Shoora (Parliament) unless he is “sagacious, righteous and non-profligate and honest and Ameen.
“We have great respect for the Parliament. Power should not be misused this way.”
During the hearing, a member of the affected family informed the court that he was a poor man, but he had forgiven Swati for “Pakistan’s sake”.
According to the FIR registered at Shehzad Town Police Station, the transfer had taken place as five slum dwellers including two women allegedly let their animals into the Swati’s son’s fields. On being stopped, the suspects had attacked the employees with axes and also snatched weapons from the security guards and held them, hostages.
The family was detained but released after a day on Tuesday, as a “settlement had been reached” between the minister and the family, according to police.
However, the court on Friday rejected any settlements, claiming that it did not recognise decisions passed by jirgas.
“You can forgive him if that suits you, but we will investigate the matter,” the CJP said.
“Let’s leave the JIT aside for now and proceed under Article 62 instead,” he added, claiming that the minister had misused his influence and this country needed “pious people” in office.
Furthermore, the CJP questioned Jan Muhammad why he hadn’t filed a complaint in court pertaining to his transfer, to which he responded that he was not in the country.
The CJP then inquired that another complaint should be filed in the matter today, if possible and issued a notice to Swati.
JAN MUHAMMAD EXCUSES HIMSELF FROM IGP DUTIES:
Earlier during the day, Jan Muhammad excused himself from continuing to perform duties as Islamabad IGP and told the bench, “I cannot work given the present circumstances and request the court to grant permission on my transfer.”
The chief justice then said, “If he is saying then we permit the transfer. It is your choice and we will not stop you.”
Earlier on Thursday, Jan Muhammad had resumed his duties after the top court had rejected the federal government’s plea seeking appointment of a permanent police chief keeping in view the prevailing law and order situation in the federal capital.
On October 27, the IGP was transferred and ordered to report immediately to the Establishment Division until further orders. Reports had stated that the IGP was transferred after he allegedly refused action on a complaint by Federal Minister for Science and Technology Azam Swati’s son regarding an incident at their farmhouse, which Swati has denied.
On the other hand, the government has also rejected the reports, claiming that the police chief’s transfer had in fact been made because of his “unsatisfactory” performance at work.
The CJP had taken suo motu notice of transfer of the Islamabad IGP and suspended the notification of the transfer, observing that the IGP was transferred on the verbal orders of Prime Minister Imran Khan.
