A tale of the government’s defiance

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The government’s obstinacy and defiance of the Supreme Court’s orders continue, the latest being the sidelining of Establishment Secretary Sohail Ahmed, who was made an officer on special duty for taking the unilateral decision to issue transfer orders of Federal Investigation Agency (FIA) Director Hussain Asghar without the approval of the prime minister.
The Pakistan People’s Party (PPP) government, which was not ready to restore the judges deposed by former president Pervez Musharraf, throughout its tenure appeared not to have reconciled with the return of these judges, as it always took a confrontational position and defied the apex court’s orders. In this tug-of-war between the executive and judiciary, former attorney general Anwar Mansoor Khan, two directors general of the FIA, Waseem Ahmed and Malik Iqbal, several federal secretaries and other high-ranking officials either resigned or were removed or transferred.
On December 16, 2009, the Supreme Court canceled the National Reconciliation Ordinance (NRO), saying it was unconstitutional. The NRO had been declared null and void by the Supreme Court and all graft cases had been reopened. A 17-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, had declared the ordinance unconstitutional and illegal in its short order.
April 2, 2010: Attorney General Anwar Mansoor resigned from his post over the uncooperative attitude of Dr Babar Awan, the law minister at the time. He pointed out that since he had assumed the office of attorney general, the law minister and the Law Ministry were not cooperating with him and that he had told President Asif Ali Zardari about the issue but the president did not address his concerns. Mansoor blamed Awan and his ministry for snags in attempts to complete legal procedures to send letters to Swiss authorities for the reopening of cases involving President Asif Ali Zardari.
April 28, 2010: The apex court observed in its detailed judgement that the process of awarding Liquefied Natural Gas (LNG) import contracts was not transparent. While referring to the LNG import contract to the economic coordination committee (ECC), it called for fresh approval and directed the Petroleum Ministry to initiate stern action against those who had created the mess.
June 4, 2010: The Supreme Court ordered the demolition of illegally-built commercial buildings in F-9 Park, also known as Fatima Jinnah Park, and ordered legal action against Kamran Lashari, the former Capital Development Authority’s chairman, then working as the petroleum secretary, for allowing the construction.
Sep 14, 2010: Despite the recommendations from the officer concerned that he be terminated from service in an inquiry ordered by the prime minister on orders from the Supreme Court, former Lashari was appointed to the key post of Sindh chief secretary. The court stated in its orders that Lashari, while resorting to excessive use of force, had not only violated the constitution but also gave precious government land worth millions of rupees on a 33-year lease to Masers Seza Fords for a paltry sum, disregarding the rules and regulations of the CDA Ordinance of 1960.
Jan 7, 2011: Two parliamentarians accused Prime Minister Yousaf Raza Gilani’s son of being involved in corruption in the Haj, the Supreme Court was told. “Parliamentarians Pirzada Syed Ahmed Imran and Bilal Yasin have not only accused Abdul Qadir Gilani but also his close friend Zain Mohammad Sukhaira, who went to Jeddah three times even before the start of the Haj season,” Federal Investigation Agency (FIA) Director General Waseem Ahmed told a seven-member Supreme Court bench headed by the chief justice. The apex court had taken suo motu notice of complaints about corruption and irregularities in Haj arrangements. One of the complaints was made directly to the chief justice by a Saudi prince.
April 7, 2011: FIA chief Waseem Ahmed resigned, months after the Supreme Court ordered the government to remove him for allegedly “changing the direction” of high-profile cases, including the Haj scam case.June 14, 2011: FIA chief Malik Iqbal removed after being handed a contempt of court notice by the Supreme Court.
July 26, 2011: Establishment Secretary Sohail Ahmed removed and made OSD.