The Supreme Court Wednesday gave a two-day deadline to FIA to arrest Khurram Rasool, ex-media advisor to Prime Minister Yousuf Raza Gilani. Khurram Rasool has allegedly pocketed over Rs 650 million from Karachi based companies - Sahara Gas (Pvt) Limited and Pak Delta Enterprises (Pvt) Limited on the pretext of managing quota for Liquefied Petroleum Gas (LPG) and a licence for export of oil to Nato forces in Afghanistan.
A three-member bench of the Supreme Court headed by Chief Justice Iftikhar Mohammad Chaudhry resumed hearing of the petition, filed by Pervaiz Hussan and others. Pervaiz Hussan filed contempt of court case in the Islamabad High Court against the DG FIA for not arresting the accused. He approached the Supreme Court for compliance of the IHC order through his counsel Rashid A Rizvi.
The apex court repeatedly directed the DG FIA Tesheen Anwar Shah to produce accused Khurram Rasool before the court otherwise legal proceeding would be initiated against him. DG FIA Tesheen Anwar Shah was not present in the court while justification about his absence was given by Director Legal FIA Azim Khan who said that Tesheen was abroad for an important meeting. A member of the bench Justice Khilji observed, "What stops the FIA from arresting the accused."
The Chief Justice said in his order, "DG FIA was directed to appear before the bench after taking action against the accused strictly in accordance with the law but he left the country without informing the court." He added that Tesheen might face the consequences as he had repeatedly failed to obey the court's orders.
After failing to elicit a reasonable response from the FIA authorities in showing progress towards arrest of the accused and his abettor, the bench at last directed the FIA to come clean and follow the court orders in the matter, otherwise, everybody whose name was mentioned in the petition (including PM) would appear before a Magistrate Ist Class for rebuttal as complainants recording their statements under Section 164 CrPC before the Magistrate.
The Chief Justice said it would not be a good 'option' for those allegedly intervening in the inquiry of the matter in hand as the petitioner's lawyer Rizvi has substantiated the plea with primary evidence; which, in turn, is making the bench aware of the intervention of ex-Principal Secretary of the PM Khushnood Lashari whose telephone call was sufficient to the FIA top guns who resultantly freed Rasool.
During the course of hearing, Additional DG FIA Sajjad Chaudhry informed the bench that in compliance of court orders the Agency has recorded the complainant's statement on January 24 evening. Sajjad further apprised the bench that FIA faxed the recorded statement to the former DGs FIA and Lashari who later denied the contents of the statement, declaring it mere allegation.
Upon which the Chief Justice Iftikhar Muhammad Chaudhry directed the petitioner's counsel Rashid A Rizvi and FIA to record the petitioner's statement in the subordinate courts of Islamabad, adding that the bench also asked them to appear before the court at 1pm. In the afternoon, the court took up the case where Additional DG FIA Sajjad Chaudhry told the bench that Assistant Commissioner Industrial Area Islamabad was recording statements of the petitioners in pursuance of the court orders. Meanwhile he sought more time to arrest Khurram Rasool.
The Chief Justice observed that the matters is very serious as petition's contents have disclosed names of some influential persons' involvement in the case in hand, saying had FIA nabbed the accused, there was no need of statement under Section 164. Addressing the Additional DG FIA Sajjad Chaudhry, the Chief Justice said, "A fraudulent man has not been arrested but after statement of petitioner in front of Magistrate Ist class now it would be responsibility of Prime Minister, two former DGs FIA and Principal Secretary to come forward for rebuttal." "Arrest him (Khurram Rasool and his accomplice Shahid) or be ready to face the music," the CJP said.
Resultantly, Additional DG FIA Sajjad Chaudhry who was contending to seek more time to arrest the accused took a U-turn saying, "Definitely we'll arrest him Sir". Rizvi pleaded to put the names of accused Khurram Rasool and his accomplices on the Exit Control List (ECL) as well as to direct the agency to change Irfan Burni, Investigation Officer of the case.
The CJP said in his remarks, "This is not our job to change the IO, adding that big people names were there in the case and the court will not spare them in any case." The Chief Justice also questioned as to how Nargis Sethi (then Principal Secretary to PM) got details of Khurram Rasool's alleged fraud, adding that it was also better to record her statement in the matter. He further observed that if the allegations proved right, it would be the biggest crisis of the country as the Prime Minister would and his secretaries were named in the case. The hearing was adjourned till January 27.
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