NICL scam case: Supreme Court directs government to take action against DG FIA

The Supreme Court (SC) on Thursday adjourned hearing of National Insurance Company Limited (NICL) scam case till Friday (today) with directives to the government to take disciplinary action against DG FIA Tehseen Anwar Shah. The Attorney General for Pakistan (AGP) Maulvi Anwar-ul-Haq was also directed to seek instructions from Prime Minister Syed Yousaf Raza Gillani about the status of Zafar Ahmed Quresh, investigation officer of the case.
Zafar Qureshi is facing repeated disciplinary action despite the apex court instructions, wherein it had directed the concerned authorities to refrain from initiating any disciplinary action against him without bringing the matter to the court notice. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Amir Hani Muslim was hearing the suo motu case of multi-billion rupees NICL scam. The AGP Anwar-ul-Haq, Muhammad Manzoor, Acting DG FIA, Muhammad Azam, Director Law FIA and Captain Zafar Ahmed Qureshi (Retd), Additional DG FIA appeared before the bench.
During the course of hearing, Acting DG FIA Manzoor Ahmed Chaudhry presented notification of reversing the transfer of the four FIA officials engaged in investigation into the scam with effect from July 7 in the court. The members in Zafar Queshi team in NICL investigation included Javed Hussain Shah, Muhammad Ahmed, Khalid Anees and Muhammad Sarwar.
The CJ in his remarks said that the looted money in the NICL land scam was deposited in a bank abroad which amounted to 14000 Pounds Sterling so the court intention was only to safe the national exchequer by bring the money back. The CJ said that DG FIA Tehseen Anwar Shah did not comply with the court orders in connection with reversal of transfers of four officials, who were assisting Zafar Ahmad Qureshi in NICL case.
The CJP added that the DG FIA not only violated the judicial orders of SC but, ex facie, has rendered himself liable for disciplinary proceedings under the Efficiency & Discipline Rules1973. However, before initiating contempt proceedings against DG FIA the court referred the matter to the Secretary Establishment Division, who was directed to place it before the competent authority under the Government Servants Efficiency & Discipline Rules 1973.
The court directed that departmental proceedings against DG FIA be initiated forthwith, result whereof shall also be communicated to the Court through Registrar. The CJP observed that in fact four members of the investigation team were penalised for conducting honest and thorough probe into the scam.
The court also issued notice to DG FIA to explain as to why instead of burdening the national exchequer upon transferring and retransferring of the four officials, he should not be burdened to make payment towards TA/DA of the officers from his own pocket. "We have given our mind to the learned Attorney General that we intend to appoint some judicial officer to conduct a thorough probe into the matter and submit report in this behalf," the CJP said.
He observed that the court made the AGP realise about the repercussions because the bench believe that the institutions should function within their own parameters and if the court has passed the order which required compliance, it should be implemented and if there are some reservations, then remedy is available under the Constitution. "But instead of availing the remedies attempts are made to defy the order and or to make it ineffective," he said.
"This act, ex facie, amounts to interference in the independence of the judiciary," the CJP maintained. The CJP said, "We, in the larger interest of the institutions grant another opportunity to the learned Attorney General to seek instructions from the concerned authority on the matter." Justice Khilji Arif said in his remarks, "We cannot afford loss of our country and we intend to hand over a prosper Pakistan to next generation." The court adjourned the hearing till Friday (today).