Islamabad: A three member bench headed by the Honourable Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other two members namely Honourable Mr. Justice Amir Hani Muslim and Honourable Mr. Justice Ghulam Rabbani heard C.M.A.No.3056 of 2011 in Suo Moto Case No. 18 of 2010 (Action regarding violation of Public procurement Rules, 2004 in procurement loss of billions of rupees to public exchequer caused by National Insurance Company Ltd.
Maulvi Anwar-ul-Haq, Attorney General for Pakistan, Kh. Siddique Akbar, Secretary Interior, Ministry of Interior, Islamabad, Tehsin Anwar Ali, D.G.FIA, Zafar Ahmad Qureshi, Addl.D.G and Muhammad Azam Khan, Director (Law) appeared in the Court today. The Court passed following order:-
“In response to notice Mr. Zafar Qureshi has appeared and narrated detailed facts about the non-cooperation by the Secretary Interior as well as the D.G. F.I.A. and the Director F.I.A. Lahore, inasmuch as, that after this Court passed order on 8th August 2011, despite sending letters to the Secretary Interior and the D.G. FIA no cooperation has been extended to him although he had assumed the charge of the post of Additional Director FIA on 11th August, 2011 (F.N). Mr. Qureshi added that he also sent letters to the D.G. FIA to ensure that Investigating Team already attached with him be deputed but it was not so done as reportedly, Mr. Javed Hussain Shah the Deputy Director and other members of the team had been sent on casual leave. According to Mr. Qureshi he had decided to go to his office at Lahore on 13th August, 2011, however, a night before on 12.8.2011 at about 8/9 p.m., Khawaja Hammad, Assistant Director, FIA, informed him on telephone that he should not come to office on that day because there was a rumour of planting of bomb in the building but despite that he went to the Office and noticed that the building of the F.I.A. was locked although few officers, according to his information, were present inside the building, nonetheless, despite his best efforts he was not even allowed to enter the building to perform his duties as per orders of this Court. Mr. Qureshi, exclaimed that he was informed at about 8/9 p.m. a night before on 12.8.2011, about planting of the bomb in the FIA building but, he later learnt that the so-called information was received by FIA officials themselves next day i.e. on 13.8.2011 at 10.30a.m. Also, Mr. Qureshi stated that till this day files of the case under investigation were not made available to him. The D.G. FIA when asked stated that he had no knowledge about the same except that he would enquire from the concerned Director. Almost, similar were his replies when he was put a many relevant questions, such as, granting of leave to members of investigation team, etc.
2. In the circumstances, we are of the opinion that Secretary Interior, the D.G. FIA, the Director F.I.A. Lahore and Khawaja Hammad, Assistant Director F.I.A. are prima-facie responsible for violating the order of this Court dated 8.8.2011 disturbing, disobeying and disregarding the directives of Court. As the above-named Assistant Director and the Director FIA Lahore are not in attendance, they are directed to attend the Court tomorrow i.e. on 17.8.2011. In the meanwhile D.G. F.I.A. is directed to enquire from the PPO Punjab as to whether any case has been registered for floating the rumour of bomb in the F.I.A. building because ultimately building was cleared and nothing was found in it. Even otherwise it is also to be ascertained how the Assistant Director learnt about the plantation of bomb, more so when the said rumour was intentionally spread, prima-facie, in order to prevent Mr. Zafar Qureshi from entering the building although despite all threats he, managed to visit the office to perform his duty but found that locks were applied on the gate of the building. Normally, in the like situation, it was the duty of the D.G. FIA to have got registered a case under section 505 PPC at the concerned Police Station, therefore, during the course of day he will enquire into this matter and shall ensure that action against the responsible persons is duly initiated in accordance with law referred to hereinabove. He would also cancel the leave of the concerned staff directing them to join the investigation team and perform their duties without any pressure and not feeling threatened in any manner from any one. All the team members shall also be produced before the Court tomorrow so we may pass appropriate order in this regard. The D.G. F.I.A. is directed that he shall himself assist Mr. Zafar Qureshi as team member to investigate into the case which has already been registered or if any other case is to be registered in view of the facts and circumstances which have already been noted in the judgment.
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