Islamabad: A six member bench headed by the Honourable Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other members namely Mr. Justice Mian Shakirullah Jan, Mr. Justice Mahmood Akhtar Shahid Siddiqui, Mr. Justice Khilji Arif Hussain, Mr. Justice Tariq Parvez and Mr Justice Amir Hani Muslim heard the Suo Motu Case No. 24 of 2010 and Human Rights Cases No.57701-P, 57719-G, 57754-P, 58152-P, 59036-S, 59060-P, 54187-P and 58118-K and 1291-K, 1292-K of 2010 regarding Corruption in Hajj Arrangements in 2010.
The senior lawyers, Government Officers and FIA Officers appeared in this case. The case was heard today and the bench passed the following order:-
1. “The learned Attorney General has appeared along with the D.G, FIA, who has submitted the report. A perusal of the same suggests that Mr. Hussain Asghar, who has been notified as Director, FIA by the Establishment Division in compliance with the orders of this Court has not so far reported to the F.I.A HQRs to join as Director, FIA, at Islamabad. The report further reveals that despite of repeated attempts to establish contact with Mr. Hussain Asghar, the D.G, FIA has not succeeded. However, he has assured that no sooner he reports the FIA, HQRs at Islamabad, investigation of the Hajj scam will be handed over to him and the investigation team previously working with him will be re-attached with the officer. He will also be facilitated in all manners to carry out the investigation of the Hajj scam. It may not be out of context to mention that the D.G, FIA on 27.7.2011 has also endorsed copy of the letter to the Registrar of this Court. The learned Attorney General for Pakistan has stated that on contact with the office of Mr. Hussain Asghar at Gilgit, he was informed that he has already left for Islamabad by road on 26.7.2011.
2. The learned Attorney General for Pakistan states that he has also made an attempt to contact him over his cell number but it was not responding. We are also informed by the Attorney General that the DIG, HQRs of Gilgit Baltistan, was also contacted by him, who has informed him that Mr. Hussain Asghar has left Skardu on his way to Islamabad, but he has not reached Islamabad.
3. Although it is amazing that an officer of the rank of Inspector General of Police despite of receiving information through fax regarding notification of his posting as Director, FIA, at Islamabad, has failed to reach Islamabad. The D.G, FIA, on our query, states that he is ready to implement the orders of this Court and there is no such pressure upon him from any quarter to deviate from the orders of this Court.
4. We may observe here that in case if the contact is established with Mr. Hussain Asghar in the intervening period or he reaches Islamabad during course of the day, the D.G, FIA will fulfil his commitment, which has been noticed hereinabove and shall enable the officer to resume his office as Director FIA and discharge his duties of investigation of the Hajj scam as ordered by this Court.
5. The learned Attorney General further states that in response to orders of this Court passed on 27.7.2011, he has met with the worthy Prime Minister of Pakistan and has explained to him the contents of the order dated 27.7.2011 as well as the constitutional and other legal provisions. The learned Attorney General submits that the worthy Prime Minister has asked him that he will hold another meeting with him for his response. He, therefore, has prayed for time up to Monday i.e 1.8.2011.
6. It has been pointed out to him that it is not possible to constitute a larger Bench continuously for weeks because the Honourable Judges have to attend the Court sessions at Branch Registries for taking up the cases of general public. Therefore, this case is adjourned to 29.7.2011.
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