SC tells govt to book SECP chief over record tampering

Author: Syed Sabeehul Hussnain

ISLAMABAD: The Supreme Court of Pakistan on Monday directed the federal government to register a criminal case against Securities and Exchange Commission of Pakistan (SECP) Chairman Zafar ul Haque Hijazi over misuse of authority and tampering with record of Sharif family’s companies.

The Federal Investigation Agency (FIA) in its inquiry had found SECP chairman guilty of pressurizing his subordinates to tamper with record in favour of Sharif family. The top court directed the federal government to register case against him under Section 466 and 471 of Pakistan Penal Code (PPC) read with Section 5 (2) of Prevention of Corruption Act, 1947.

Attorney General Ashtar Ausaf ensured the three-judge implementation bench headed by Justice Ejaz Afzal Khan that the FIR against the chairman would be registered after the hearing.

Justice Ijazul Ahsan, a member of the bench, observed that there were serious allegations on him regarding issuing threats to his subordinates of transfer to far flung areas and putting them behind bar even.

The judge observed that the chairman, during the course of proceedings, had stated that he had no knowledge and nor any connection with the alleged tampering. “He clearly lied to the court and this is a more serious offence,” Justice Ahsan observed.

Justice Sheikh Azmat Saeed, another member of the bench, observed that it must be known on whose directions SECP chairman attempted tampering of the record.

During the course of hearing, counsel for Hijazi tried to voice his point of view. However, Justice Khan directed him to plead his contentions before the appropriate remedy.

The top court, however, ruled that the court’s observations at any stage should not prejudice the case of Hijazi.

The top court also issued notices to an English daily newspaper for publishing a fabricated story, wherein it was stated that top court had ordered Inter-Services Intelligence (ISI) to look after the security matters of the JIT working.

Justice Khan observed dissatisfaction and issued notices to editor-in-chief, publisher and reporter, asking as to why they should not be proceeded against for contempt of court. The management of daily has been given seven days to submit reply. The top court has also sought transcripts of all speeches made in the last 60 days by PML-N’s Talal Chaudhry, Railways Minister Saad Rafique and PM’s Special Assistant on Political Affairs Asif Kirmani, presumably to examine them for any contemptuous content.

The bench directed JIT head Wajid Zia to disclose the name of person involved in leakage of photo of Hussain Nawaz. As far as formation of a commission is concerned, the top court observed that it was not within the SC’s jurisdiction, “so the government may form a commission to probe the matter in accordance with the law if desired so.”

Published in Daily Times, July 11th , 2017.

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