Daily Times

Since the Supreme Court (SC) has been hearing a number of corruption cases worth billions of rupees, involving the political big shots and their relatives, hurdles are being continuously created in the proceedings of the cases. Different tactics are being used to hinder the investigation process. The federal government has been giving assurances that it will implement the court orders but in reality it seems bent upon defying the apex court’s orders again and again by using delaying tactics and shuffling the investigation officers of the cases.

In the Hajj corruption case in which a former federal minister and the prime minister’s son are facing charges of corruption, the chief investigation officer Federal Investigation Agency (FIA) Hussain Asghar, known for his impeccable character and honesty, was transferred to Gilgit-Baltistan as the IG. At the SC’s stern warning, Establishment Secretary Sohail Ahmed transferred Mr Asghar back to the FIA and re-assigned the task to lead the investigation into the Hajj scandal case. But Mr Ahmed had to pay the price for complying with the apex court’s orders and he was immediately relegated from his post to a sinecure post of officer on special duty (OSD). It is pertinent to mention here that after Mr Asghar’s removal from the case, the investigations came to a standstill and the progress in the case stopped. Once again, the SC had to act outside its domain and gave directions to the Attorney General, Maulvi Anwarul Haq, to contact the prime minister for the reinstatement of Sohail Ahmed as the Establishment Secretary.

The former Additional Director General (ADG) FIA Zafar Qureshi also met a similar fate and was suspended for investigating the multi-billion-rupee National Insurance Company Limited (NICL) scandal in which Moonis Elahi, the son of senior PML-Q leader and former Chief Minister Punjab, Chaudhry Pervaiz Elahi is involved. So far, the federal government has not implemented the SC’s orders in the NICL case and Mr Qureshi has not been restored; there are little chances of his return as he is nearing his retirement due on September 30.

The non-appointment of the National Accountability Bureau (NAB) chairman is another issue the apex court has been issuing orders about for quite a while now but the federal government does not seem interested in filling the vacant post. The chief justice has once again expressed his concerns regarding this issue during the hearing of Bank of Punjab (BoP) loan scam case.

It should be kept in mind that matters related to shuffling of the officers, their appointments and transfers fall in the executive’s domain. It has the sole authority to assign duties to its staff, and the judiciary has no right to interfere in the executive’s domain. However, the federal government’s continuous dillydallying tactics in implementation of the superior court’s order and inconsiderate appointments and transfers of staff during the investigation process has compelled the SC to get in the way of the executive. The federal government should not forget that arbitrary privileges do not exist in reality and whatever it is doing to save the skin of the people involved in the corruption cases, is only earning it a bad name. The situation clearly manifests that the executive is using its authority for the wrong purposes. It is trying to influence a fair and impartial investigation process, a prerequisite for delivery of justice.

A political war of words has also begun over the tussle between these two main institutions of the state. Punjab Chief Minister Shahbaz Sharif and the Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, in separate press conferences, criticised the PPP-led federal government for defying the court’s orders. Punjab CM even warned the federal government of severe consequences for not implementing the court’s orders in letter and spirit. Reacting to the PML-N leader’s comments, the PPP leader and former law minister Babar Awan severely criticised him for involving the judiciary in politics and ‘using the judicial card’.

Unfortunately, the history of the PML-N and the present attitude of the PPP towards the apex court and its verdicts are proofs of their hypocrisy. Both parties have been dishonouring the court rulings. At present, such verbal outbursts between the political parties will only overshadow the real issue. The federal government should implement the court orders in letter and spirit so that ends of justice are better served. It should let the law take its course. In a true democracy, freedom of judicial system is imperative and for continuity of democracy in Pakistan, state institutions are needed to respect each other. A mere completion of the government’s five-year term will not serve democracy if the federal government continues to curtail the judiciary’s freedom.*