The Supreme Court on Tuesday reserved its judgement in the National Insurance Company Ltd (NICL) corruption case, as well as an unconditional apology tendered by incumbent Chairman National Accountability Bureau (NAB) Qamar Zaman Chaudhry in a contempt of court case.
"I beg to submit myself for the mercy of the Hon''ble Court and assure your honour of my highest respect and regards... it is therefore respectfully prayed that the notice issued to me may kindly be withdrawn, to meet the ends of Justice... I offer my highest salutations to this Hon''able Court and remain the courts most humble servant," the Chairman NAB submitted.
It is pertinent to mention here that the apex court issued contempt of court notices to secretaries of Ministry of Interior and Establishment Divisions as well as Principal Secretary to the Prime Minister on June 16, 2011 in a matter pertaining to the transfer of Zafar Qureshi, an investigation officer of the Federal Investigation Agency (FIA) who was probing a multi-billion rupee scandal in the NICL.
During proceedings, the then Secretary Establishment, Abul Rauf, apprised the bench that he had ordered the removal of Qureshi on the orders of the then Prime Minister, Syed Yousuf Raza Gilani. He further submitted that he was forced to do so and that he did not apply his independent mind. "Constitutionally, I was bound to obey the executive''s [even verbal] orders." However, the Chief Justice remarked that there was only compulsion to follow the lawful orders. "Do you remember Quaid-i-Azam''s expectation from you," Chief Justice Chaudhry said.
The Chairman NAB told the bench that the confession made by Secretary Establishment had proved his innocence in the current matter, adding that he never mentioned in the progress report that Qureshi be removed from investigations. The reply submitted by Chairman NAB before the bench stated, "I wish to reiterate my highest respect and esteem for the apex court... I implemented the Supreme Court judgement of December 16, 2009 in the NRO case ... the then Defence Minister whose name was in the ECL was stopped from going to China on December 18, 2009...as a consequence I was suspended from service."
He apprised the bench, "as far as the issue of writing a letter is concerned, DG FIA, addressed a letter of April 15, 2011 to him stating wherein that it will not be out of place to mention that the interim challans in NICL cases have been submitted in the court of competent jurisdiction on March 11, 2011 and a report hereof has already been submitted in the Honourable Supreme Court of Pakistan on March 14, 2011 by the said officer.... the matter is brought to your notice for further necessary action".
Zaman held that there was also the mention of Establishment Division due to which he also sent the memo to Secretary Establishment but he did not request for disassociating Qureshi from the investigation process. "...Letter was only by way of information...," the reply stated. In response to court''s concern, he said that under the Rules of Business 1973, he required to share the letter with Establishment Division. According to him, Rule 8 of Rules of Business - 1973 stipulates that when the subject of a case concerns more than one division, the Division Incharge shall be responsible for consulting the other Division.