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Apex court hints at forming JIT to probe Islamabad IG`s transfer

2018-11-01
ISLAMABAD: The Supreme Court on Wednesday hinted at appointing a joint investigation team (JIT) under the Federal Investigation Agency (FIA) director general to probe the transfer of Inspector General of Islamabad Jan Mohammad.

A three-judge SC bench headed by Chief Justice Mian Saqib Nisar also summoned complete record of the properties held by Minister for Science and Technology Azam Swati and members of his family and directed the Islamabad police to produce before the court on Friday members of the family allegedly victimised by the minister.

The court also asked for the details of taxes paid by Mr Swati and of the land measuring 40 kanals allegedly acquired by him.

The court had taken suo motu notice of the sudden transfer of IG Islamabad retired lieutenant Jan Mohammad, a BS-20 officer of the Police Service of Pakistan, in the wake of conflicting reports about the federal minister`s suspected role in it due to some petty issue with the police of ficer. He was posted out of Islamabad and his ser-vices were surrendered to the establishment division on Saturday last.

Earlier, the Supreme Court also summoned Information Minister Fawad Chaudhry for his outburst which, according to the court, was pointed at the judiciary, as he had stated that if the bureaucrats had to run the government then there was no need of holding general elections in the country.

While pointing towards Azam Swati, the court wondered was this the trait of sadiq and ameen persons who made life of the poor miserable, adding that the man was judged by his actions.

`This is the reason why Article 62(1)(f) that deals with the disqualification of parliamentarians has been inserted in the Constitution,` the chief justice said. `The lives of those one is expected to protect, have been sent to jail only to satisfy a person`s inflated ego,` he regretted.

When Attorney General Anwar Mansoor tried to explain the facts behind the entire episode, the chief justice asked if the highest authority of the country could be whimsical, capricious and authoritative and could he misuse and abuse his discretionary powers.

`The prime minister is the chief executive of the country and can take decisions, butif these decisions are notin accordance with the law, the court can intervene,` the chief justice emphasised.

During the hearing, anchorperson Saleem Safi informed the court that the land adjacent to Mr Swati`s farmhouse had been occupied by some families who had to leave their houses during the Zarb-i-Azab operation.

He deplored that the children of the victim family slept last night with empty stomach because their parents were put behind bars, adding that the victim family was also being pressurised for a settlement.

While pointing towards the attorney general, the chief justice recalled how a prime minister of this country had to go home under the constitution and deplored the attempts aimed at belittling the institution of judiciary.Taking exception to the statement of the information minister, the apex court summoned him, but the attorney general explained that the state would not defend what individuals were saying.

At this, senior counsel Faisal Chaudhry, the younger brother of Fawad Chaudhry, explained that his brother could not dare utter a word against the judiciary, adding that his brother was the lawyer first and the minister later a job which was not of permanent nature.

Later Fawad Chaudhry also assured the court that he respected the judiciary so much that he could not defame it.

The chief justice, however,observed that the issue had become a matter of ego and arrogance and recorded the statement of the information minister that he never cast aspersions on the judiciary and had nothing to do with the statement that if the bureaucracy had to rule then there was no need of holding elections in the country.

During the hearing, Justice Ijaz-ul-Ahsan wondered whether the entire government was running on `WhatsApp`, highlighting that the Islamabad IG was transferred on Oct 27 whereas the summary was initiated by the establishment secretary on Oct 29. `The chronology is not matching,` Justice Ahsan said.

When the attorney generalargued that rules of business allowed the chief executive to issue verbal orders, Justice Ahsan reminded him that only in case of exigencies such orders could be issued and said that instead of a knee-jerk reaction, proper procedure should be adoptedfor transfer of officers.

`This is jingoism,` Justice Ahsan said, adding that the country should be run in accordance with the law.

Meanwhile, the attorney general in a reply stated that the prime minister on the basis of past incidents and complaints had directed the establishment secretary to remove the IG, adding that through the Oct 29 summary, the prime minister had approvedpost-factor the nodhcadon of removing the IG on Oct 27.

Mr Mansoor said that Minister of State for Interior Shaheryar Afridi had been complaining to the prime minister on different occasions since Sept 12 about inaction of the Islamabad IG and that he had already interviewed Azam Khan Taimoori, former IG, and Amir Zulfikar, Additional IG, to substitute Jan Mohammad as the new Islamabad police chief.

The attorney general said the conversation between Shaheryar Afridi and the prime minister was on messages (WhatsApp) which clearly showed that IG was not removed on the complaint of Azam Swati.