Islamabad: A six member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other members namely Mr. Justice Mian Shakirullah Jan, Mr. Justice Khilji Arif Hussain, Mr. Justice Tariq Parvez, Mr Justice Amir Hani Muslim and Mr. Justice Ghulam Rabbani 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:-
“On the last date of hearing the following order was passed
“The Secretary Establishment is present and confirmed about obtaining sparability report of the Officer from the Director General, FIA through Secretary Interior and on getting positive reply from him, he was posted out. However, both of them, i.e. the Secretary Establishment and the Director General, FIA stated that some time be given to them so that they may again approach the Competent Authority for re-posting of Mr. Hussain Asghar in the FIA. The case is adjourned. To be fixed after two weeks.”
2.It appears that compliance has not been made so far as a result whereof no progress in the investigation of the Hajj scam case is being made as no responsible or serious officer has been posted. Undoubtedly this Court has time and again politely expressed its desire that a person who is capable to deliver should be posted to carry out the investigation but it seems that orders of this Court are being flouted intentionally.
3.Under the circumstances we direct the Secretary, Establishment Division, that he should immediately, during the course of the day, issue transfer orders of Mr. Hussain Asghar as Director FIA enabling him to resume his duty as such and continue to investigate the case otherwise he should appear and face the proceedings for non-compliance of the order. In the meanwhile, he shall also put up the list of the officers available at that time when Mr. Hussain Asghar was posted as I.G. Gilgit Baltistan because it seems that in order to disassociate him from the present proceedings he was posted out on taking a report about the sparability from the DG FIA who also dishonestly gave the report knowing well that Mr. Hussain Asghar is conducting investigation of an important case in which not only the pilgrims have been looted but it has also brought a bad name to the country. It is important to note that after Mr. Hussain Asghar was posted out no further progress has been made in the case.
4.On the issuance of the notification during the course of the day DG FIA is directed to provide him every cooperation and assistance alongwith his team which was already conducting the investigation.
5.Adjourned for tomorrow i.e., 26.07.2011.”
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