SC decides to proceed against PCO judges

Tribune

ISLAMABAD: The Supreme Court on Wednesday in its verdict on a set of appeals filed by a number of dysfunctional and retired judges of superior judiciary said that the apex Court would proceed against them by framing contempt charges on February 21 as they had taken oaths under the annulled Provisional Constitutional Order (PCO) of November 3, 2007 in defiance of a restraining order by a seven member bench.

The verdict was announced by Justice Mahmood Akhtar Shahid Siddiqui, who was heading the four member bench.

The order said that the case would be fixed for framing of charges against the respondent judges on February 21.

The respondents, if they so desire appear on that date to enter their pleas on the charges framed or if they choose, enter their pleas through counsel, it added.

The bench, however, dropped proceedings against Justice Zafar Iqbal Chaudhry and Justice Khurshid Anwar Bhinder.

While in criminal miscellaneous plea of Justice Hasnat Ahmad Khan and Justice Syed Shabbar Raza Rizvi regarding issuance of contempt notices to former president Pervez Musharraf, former prime minister Shaukat Aziz and others who were instrumental in carrying out order of November 3, 2007, the bench noted that the case for contempt of court against these persons would have to answer was materially different from the charges to be faced by the respondents.

The bench holds that contempt alleged against these persons is primarily consequent to issuance of proclamation of emergency, PCO and oath of the office order 2007 and hereby launching an assault on the independence of the judiciary.

“It appears, prima facie, that these instruments were issued prior to the passing of the order dated 3.11.2007 and not in the disobedience of the same,” it added.

The bench further said that proceedings against these persons might proceed independently and on their own facts, either before this bench or before some other bench which may be determined by the Chief Justice of Pakistan.

All Pakistan Muslim League (APML) spokesman Barrister Saif said that the contempt of court notices issued by the Supreme Court is a frivolous attempt by some judges to act against their former colleagues and other people listed in the case.

Speaking to Express 24/7, the APML spokesperson said the Supreme Court decision clearly reflects political bias and that move has no legal foundation.

He said the Supreme Court has made this move to gain prominence after it was left with no option but to pursue the case without legal ground.

He said the APML will decide its course of action after a summons is issued to Pervez Musharraf.

A four-Judge bench of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khawja, Justice Khilji Arif Hussain and Justice Tariq Parvez will announce the verdict over issue of contempt proceedings against these judges.

The bench had reserved its verdict after conducting proceedings over the issue for more than three-months.

The bench was seized with hearing of the matter of contempt of court (determination of legal question/proceedings) against Justice retired Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah,Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey ,Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice (r) Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah,Justice (r) Iftikhar Hussain Chaudhry and Justice Syed Hamid Ali Shah.

After the judgment of July 31, the PCO judges were issued contempt of court notices for not obeying the Supreme Court’s restraining orders, and taking oaths under the PCO. However, at least 45 judges tendered unconditional apologies for taking oaths, but the rest of them decided to contest the notices issued to them.

NICL case: SC orders investigation against DG FIA

The court said the DG FIA was mismanaging the NICL investigation.

Dawn

ISLAMABAD: The Supreme Court on Monday ordered investigations against Director General Federal Investigation Agency (FIA) Waseem Ahmed regarding the National Insurance Company Limited (NICL) scam case, DawnNews reported.

A three-member bench of the apex court, headed by Chief Justice Iftikhar Mohammad Chaudhary, heard the suo motu case regarding the alleged violation of rules by former NICL chairman Ayaz Khan Niazi in the procurement of land on highly enhanced rates and causing a huge financial loss to the national exchequer.

Saying that the FIA was protecting influential individuals in the case, the court accused Waseem Ahmed of mismanaging the investigations.

Waseem Ahmed was alleged to have given refuge to one of the accused Amin Qasim Dada, a member of the NICL board of directors.

The court further maintained that no one was above the law.

Moreover, the court directed that the investigations into the case should now be headed by Additional Director FIA Zafar Ahmed Qureshi.

SC rejects FIA’s probe report on Haj corruption

Dawn

ISLAMABAD: Hearing a suo motu case regarding the Haj corruption scandal, the Supreme Court (SC) on Thursday rejected the Federal Investigation Agency’s investigation report, television reports said.

The report on the case was presented in the apex court by Attorney General Maulvi Anwarul Haq.

Haq told the court that DG FIA Waseem Ahmed had been removed from the probe into the scam and Javed Bukhari had replaced him as inquiry office.

Chief Justice Iftikhar observed that action should be taken against Waseem Ahmed for spoiling the investigation.

The case’s hearing was then adjourned to January 27.

SC declares appointment of NBP president unconstitutional

Tribune

Ali Raza has been ordered to vacate the office of the bank's president with immediate effect.

ISLAMABAD: The Supreme Court (SC) on Friday declared the appointment of Ali Raza as the President of National Bank of Pakistan (NBP) for the third time as unconstitutional.

A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry also ordered Raza to vacate the office of the bank’s president with immediate effect.

An NBP employee had filed a petition against Raza’s appointment.

The petition said that according to the rules Raza’s term could be extended only twice but former president of Pakistan Pervez Musharaf extended the term for the third time by an ordinance. It called the act unconstitutional.

The petition stated that the ordinance was made part of law under the finance act and was not approved by parliament, hence the extension was a violation of the Banking Nationalisation Act 1994.

SC orders removal of FIA DG from Hajj scam probe

Daily Times


CJP vows not to let anyone hush up Hajj corruption

* Justice Iftikhar expresses dissatisfaction over investigation conducted by FIA

*Says investigation team can’t work independently in presence of FIA DG

By Hasnaat Malik


ISLAMABAD: Expressing dissatisfaction over the investigation conducted by FIA in Hajj corruption case and directing the government to remove FIA Director General Wasim Ahmed from the case, Chief Justice Iftikhar Muhammad Chaudhry on Tuesday said the Supreme Court would not let anyone hush up the Hajj corruption scandal.

The court appreciated the government for paying 700 Saudi riyals to the affected pilgrims of five maktabs, who were provided inappropriate accommodations during the performance of Hajj.

A seven-member bench of the apex court comprising the CJ, Justice Javed Iqbal, Justice Tassaduq Hussain Jillani, Justice Raja Fayyaz, Justice Anwar Zaheer Jamali, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday heard the suo moto case of irregularities in Hajj arrangements.

During the course of proceedings, the FIA DG informed the court that he had written to the government to exclude him from the ongoing investigation into the Hajj corruption.

The CJ asked Attorney General Maulvi Anwarul Haq to talk to the government to dissociate the present FIA DG from the case, because in his presence, the team constituted would not work independently.

The CJ also ordered the AGP to communicate the government’s decision in this regard to the Supreme Court registrar within three days and directed FIA Investigation Officer Hussain Asghar to continue to probe the case.

“If Waseem Ahmed remains the FIA DG he will spoil the case and if that happens, we will not spare anyone,” the CJ said, adding that the DG was trying to exonerate everyone because he understood everything, but did not like taking action against the responsible persons. 

“Among all corruption cases, this is the biggest scam, therefore we will not let this case be hushed up,” he added.

Justice Ramday said, “The court is fed up with the way the case is being probed... as the FIA DG is protecting criminals.” 

He asked how a person who had been appointed the FIA DG on contract after his retirement could work efficiently. The court was provided the recorded statement of Interior Minister Rehman Malik regarding removing the name of Rao Shakeel from the Exit Control List (ECL), wherein it was stated that after being appointing as the Hajj Operation DG, his visit to Saudi Arabia was needed, therefore his name was removed from the ECL.

Sardar Latif Khosa told the court that Shakeel’s name was removed from the ECL on an SMS. Ramday inquired under what law Rao’s name was removed the list.

The FIA DG said that according to the establishment secretary’s statement, Shakeel was appointed in accordance with the law. The CJ then asked him what his own conclusions were.

Asghar told the court that so far, they could not trace the bank accounts of former minister Hamid Saeed Kazmi and Rao Shakeel Ahmed in the country.

Religious Affairs Secretary Shaukat Hayat Durrani informed the court that he had held meetings with six banks for the return of 700 Saudi riyals as compensation money to 26,660 affected pilgrims of five maktabs. He said that letters had been written to the affected pilgrims.

Justice Ghulam Rabbani said that due to the corruption of officials, the government had to arrange funds for paying compensation money. Ramday asked the secretary not to include this money with the 250 Saudi riyals given by the Saudi government for pilgrims. 

Shoukat said they had already distributed the 250 Saudi riyals to 18,000 pilgrims.

Former federal minister Azam Swati submitted more evidence and expressed dissatisfaction with the FIA probe. Counsel for Azam Swati, Afnan Kundi, said that although the FIA had record of telephonic conversations between the former minister for religious affairs and Ahmed Faiz, the main accused, the agency did not take action against the culprits. The court adjourned the hearing until January 20.

NA passes 19th Amendment

The-Nation


National Assembly Wednesday passed the 19th constitutional amendment. The constitutional amendment was tabled in National Assembly today after the bill was endorsed by the federal cabinet, a private TV reported. 

The bill introduces 26 amendments in six Articles of the Constitution. The house clause-wise passed the constitutional amendment, which was later passed to enter as a part of the constitution. With the amendment four senior judges of Supreme Court have been made members of the judicial commission instead of the two judges. The legislation also withdraws the powers of the Chief Justice with regard to appointment of the adhoc judges in higher courts and handed over the same to the judicial commission. The bill also proposes at least 15-year experience for the representative of a provincial bar that will represent the body in the Judicial Commission.