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Apropos a news item titled, "Interior secretary, DG FIA put on notice in NICL case" carried by Business Recorder on October 26. During the proceedings of the case, the Honourable Chief Justice Iftikhar Muhammad Chaudhry was told by former FIA Additional Director, Zafar Qureshi that the prime accused, Chaudhry Moonis Elahi, son of senior federal minister, Pervaiz Elahi in strange legal wranglings and manipulations, was separated from other accused and his acquittal was secured from another court and not from the court where the case was being proceeded from day one. The Chief Justice then inquired from Attorney General and Qureshi, "why a single accused was separated from others who continue to languish in jail"?
As a common citizen, I wonder if this comment should be construed being a judicial naivety in the matter or perceived as being a mere benign question, for, we all know that Moonis Elahi is a VVIP accused, whose acquittal from the NICL scam was obtained through a deal between the PPP government and its coalition partner, the PML-Q to prevent tabling of a 'no-confidence' motion in the National Assembly by the Opposition, following the withdrawal of the MQM from government. So this question should have been directed towards the Lahore court that has acquitted Moonis Elahi and why the miscarriage of justice has taken place in the case of other accused? The acquittal of Moonis Elahi is under the purview and legitimacy of law or not, is the other question, which must also be answered.
During the proceedings of NICL case, the Chief Justice is also reported to have pronounced that, "the courts are not weak. We (the courts) will also tackle the DG FIA." As a common man, I wish to say to the Honourable Chief Justice with profuse due apologies and all the humbleness that "I beg to differ with you my Lord," for the fact that all decisions, pronouncements and directives of the Supreme Court in the matters of NRO, opening of Swiss bank money laundering case, appointments of investigation officers, such as Zafar Qureshi and Hussain Asghar, the NAB chief, issues pertaining to the NICL scam and more recently, the judicial directives given following the much hyped suo motu Karachi killings case, not one, repeat not one, court's order and decision has been enforced or implemented by a brazenly defiant ruling junta. In the perception and view of common citizens, the courts have been rendered non-functional and ineffective. Sadly, this is crux of the issue and fact of life.

Copyright Business Recorder, 2011

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