The Supreme Court on Friday ordered Advocate General Khyber Pakhtunkhwa (KPK) to probe into late filing of cases by the provincial government on different issues. A three-judge bench, headed by Chief Justice Gulzar Ahmed, heard an appeal regarding service matter of director elementary education KPK. The bench dismissed the case for not filing it within time.
The court said the action should be taken against those officials who are responsible for late approaching the apex court on various issues. The bench ordered the advocate general KPK to complete the inquiry within three months and submit its report to the Registrar Office. Justice Ijazul Ahsan noted that it has become a practice that the KPK government approaches the apex court against the Peshawar High Court decisions late.
The Chief Justice observed that the government does it intentionally. Justice Sajjad Ali Shah said recently in another case Rs500,000 fine was imposed on the KPK government for late filing of a case.
Additional Advocate General (AAG) Qasim Wadood informed the bench that the reason for delay is lack of coordination among various departments. However, the Chief Justice told the AAG that this explanation is unacceptable as the officers intentionally delay the matters.
Meanwhile, a two-member bench, headed by Justice Umar Ata Bandial, disposed of a case to order investigation against the National Accountability Bureau officials for malafide transfer of a case to other province.
The bench heard an appeal against the Sindh High Court order related to illegal use of authority by NAB officials to investigate the cases. Advocate Saeed Khursheed, representing the petitioner, informed the bench that his client's father filed a case in the NAB against SSP Niaz Khoso for land encroachment and other issues. As the NAB started investigation, the applicant Rana Irshad was kidnapped and later on killed. He said Niaz Khoso is also nominated in the murder case.
The lawyer argued that after the murder of Rana Irshad, the NAB with the connivance of its officials - Director Altaf Bhwani and Investigation Officer Fiaz Akbar - transferred the case to other province. He said that they had filed a case for carrying out investigation against NAB officials.
Justice Yahya Afridi questioned if it would be better for the court not to intervene in the investigation. The counsel said that Niaz Khoso is an influential person. He informed the bench that as the case was transferred, therefore the investigations should be conducted against Director Altaf Bhwani and Investigation Officer Fiaz Akbar.
Justice Yahya said if the Supreme Court orders for investigation then no court in Pakistan would lay hand on the investigation. He said the Sindh High Court has also asked the petitioner to approach the NAB for investigation against its officials. He advised him to withdraw the application from the apex court and approach the NAB against the accused. After the court observation, the applicant withdrew the petition and the court, therefore, disposed of the case.
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