Directing different departments to probe tax evasion and mis-declaration of assets, criminal aspect and land encroachment issue as pointed out in joint investigation team (JIT) report against Pakistan Tehreek-e-Insaf Senator Azam Khan Swati, the Supreme Court on Tuesday disposed of the matter related to transfer of former Islamabad police chief.
The Federal Board of Revenue (FBR), Islamabad police and Capital Development Authority (CDA) were directed to submit their reports in the Supreme Court.
A three-judge bench, headed by Chief Justice Mian Saqib Nisar, was hearing a suo motu on the transfer of the then IGP Islamabad Jan Mohammad. The transfer of IGP took place after Swati's son filed a case against a family of slum dwellers for allegedly trespassing on his family's land. Swati is accused of playing a role in the transfer of former Islamabad police chief.
The apex court on November 2 last had constituted the JIT to probe the 'misconduct' by former federal minister for science and technology and submit report regarding Azam Swati's assets, sources of income and reasons of his return from the United States.
The JIT found that Swati misused his position that led to humiliation of his neighbouring family of slum dwellers after his guards scuffled with them. "By virtue of his post, he [Swati] wielded his influence and prevailed upon the authorities by misusing his office and profile leading to arbitrary and discriminatory treatment to the private citizens i.e. Niaz Muhammad family at the hands of the police," said the JIT.
At the outset of the proceedings, Barrister Syed Ali Zafar, representing Swati, informed the bench that his client has resigned from his office as minister in order to face the allegations against him and even a case has been registered against his son and employees wherein proceedings are taking place.
Barrister Zafar submitted that the JIT report contains many allegations against Swati but those have been proven before a trial court. He said the JIT is an investigative agency and not a substitute for a court and its report is mere allegations and not a final verdict which is enforceable on its own.
The counsel argued if the allegations are proved against Swati in competent courts then the Supreme Court can proceed against him under the Article 62(1)(f) of Constitution for his disqualification.
Analyzing the report, Zafar submitted that the JIT report contained five allegations. Firstly as regards the criminal case and the question whether Swati's son and servants or the accused were aggressors, this involves criminal liability and may be sent to the trial court as per law.
The second was related to Swati's alleged involvement in transfer of IGP Islamabad. The JIT has investigated and confirmed that Swati was not involved in the transfer and hence no action needs be taken in respect of this.
Thirdly Barrister Zafar submitted that the JIT has alleged that there has been concealment of assets and that income tax has been avoided and that this requires further probe by FBR. He contended that his client is willing to face any inquiry by FBR as per law and will treat this as an opportunity to clear his name. Hence this issue may be sent to FBR for initiating any legal proceedings in accordance with law. Fourthly as regards the allegations of encroachment etc, if CDA, so deems fit, may take action and Swati will defend himself before appropriate forum as per law. Fifthly as regards the allegation of any concealment of assets and mis-declaration in nomination forms, Barrister Zafar submitted that it is only after legal proceedings are finalised with the FBR that the question of any mis-declaration can be determined.
The amicus curiae appointed by the court also argued that the criminal and civil liabilities were to be determined by appropriate forum whereas according to him the case of mis-declaration could be finally decided by the Supreme Court if it is found that there has been any concealment.
The Supreme Court after hearing the parties disposed of the petition accordingly.
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