The Supreme Court on Wednesday issued notices to Foreign Secretary, Additional Foreign Secretary, Chief of Protocol. Director-General Airport Security Force, Inspector-General of Police Punjab, and SP Tahir Ayub to appear in person on October 30, 2007 in connection with Nawaz Sharif deportation case.
A seven-member bench, headed by Chief Justice Iftikhar Mohammad Chaudhry, has further directed these officials to submit their replies, in three days, about their role in deportation of Nawaz to Jeddah in violation of court orders on September 10, 2007.
The bench, comprising Justice Iftikhar Mohammad Chaudhry, Justice Javed Iqbal, Justice Sardar Mohammad Raza Khan, Justice Faqir Mohammad Khokhar, Justice M Javed Buttar, Justice Raja Fayyaz Ahmad, and Justice Syed Jamshed Ali heard Sharif's contempt application after normal court hours at 1.30 pm on Wednesday.
The CJ asked Attorney General Malik Mohammad Qayyum: "Isn't it better that the court order is implemented in letter and spirit, otherwise the court could go to any extent to get implementation of its order."
The CJP said: "Prima facie, the replies submitted by the Federal and Punjab governments are not satisfactory." Besides, their copies had not been supplied to the petitioner's counsel, Fakharuddin G Ebrahim.
Director, Legal, PIA, submitted before the court that Additional Secretary, Foreign Affairs, and Chief of Protocol had sent a requisition to the PIA on September 9 to keep two VVIP aircraft on standby.
The court directed Foreign Secretary and other Foreign Office officials to submit their replies as to on whose orders and command they had sent a requisition to PIA and what was the destination of these two aircraft.
The court further asked these senior officials as to who in principle decided that a VVIP flight would operate between Islamabad and Jeddah and who would travel in the flight along with necessary documentary poof. The court ordered PIA Chairman to provide details of this special flight to Jeddah along with names of the pilot, co-pilot, cabin crew, passengers and their luggage.
Director-General, Civil Aviation, admitted that originally this flight was meant for Quetta, and its number was PK 363, but when the aircraft was flying over Jewani (Pakistan's last seaport in Balochistan) its number was changed to PK 7095.
The court said: "Prima facie the change of flight number in such a manner was meant to say that it was not be a case of deportation. However, IATA rules do not permit change of flight numbers during the flight, the court noted. The court instructed the Attorney General to look into the legal aspects of this change, and other implications, and assist the court.
The court rejected the reply of the then DIG Marwat Shah that he was not involved in the happenings of September 10 in any manner, as a Punjab SP was supervising the operation and policemen were present in the Rawal lounge of Islamabad airport.
The court said that Punjab Home Secretary Khosro Pervez had admitted that SP Tahir Ayub was on duty. Tahir was also ordered to submit a report about his role in the operation of October 10, 2007.
The court directed DIG Marwat Shah to submit his security plan of the Airport, number of policemen deployed, and a copy of daily report of the Airport Police Station.
The court directed ASF Shift Incharge Kaleem Imam to submit his report in three days with regard to VVIP movement, which force handled the airport situation, and the details of entry passes issued on that day. The court described the statement of DG FIA as unsatisfactory with regard to immigration formalities of Nawaz Sharif.
The court observed that if Nawaz Sharif travelled without documents, then why a case was not registered against him, and why he was allowed to leave the country. The court said that NAB Prosecutor General had told the court that an officer of NAB, Colonel Afzal, showed a warrant of arrest to Nawaz Sharif but he was not arrested under the law.
The court said when a warrant of arrest is given to a person, then he is considered under arrest, and he could not be released by other than the competent authority. The court asked the government what action was taken against the officer who had released Nawaz Sharif without lawful authority.
Punjab Government Home Secretary told the court that the Punjab government had issued orders for arrest of Nawaz Sharif on his arrival in the country, and these orders were passed on to IGP, Punjab and the Federal Government, and the ASF was requested to cooperate with the police.
He said that Interior Ministry had also issued orders for implementation of Punjab Government orders for arrest with a copy to IGP. The Home Secretary said that SP Tahir Ayub had gone inside the airport with a contingent of police force for this purpose. The court ordered IGP to submit his reply in three days why Nawaz Sharif was not arrested. Further hearing of this case will be held on October 30, 2007.
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