Supreme Court recalls Hussain Asghar to investigate Hajj corruption case
Tuesday, June 5th, 2012 3:41:06 by Faisal Farooq
In an apparent confrontation between executive and judiciary, the Supreme Court has given authorities a deadline of June 8 to recall Hussain Asghar to resume investigations of the Haj corruption scandal.
A three-member bench with Chief Justice Iftikhar Mohammad Chaudhary in the chair resumed the hearing, giving the task to Hussain Asghar to probe the Hajj corruption case. He is currently serving as Inspector General Police Gilgit-Baltistan.
The bench was of the opinion that it would be a violation of court’s orders it he is not brought back to give the task.
Attorney General Irfan Qadir informed the court that orders calling for Asghar’s transfer had been issued but he did not want to come again.
He further said that Chief Minister Gilgit-Baltistan Syed Mehdi Shah also did not want to relieve Asghar.
Expressing its dissatisfaction, the court said that by not relieving Asghar, Chief Minister Shah was scoffing at the court. It further said that Asghar must follow the directives of Prime Minister Syed Yousaf Raza Gilanis.
Reiterating that its judgment must be implemented, the bench said that it would be a violation of the court’s order as well as the government’s directives if Asghar does not return for the investigation.
In its view, the federation has the authority to recall officials from the provinces.
Chief Justice Iftikhar Mohammad Chaudhary remarked, “Asghar reports to the prime minister, not the chief minister of GB. The secretary establishment is bound to take action against him. Every federal government employee has the duty to implement the government’s orders. Otherwise they will have to face disciplinary action”.
He was of the opinion that a man from the forces could not violate discipline without someone’s backing, saying Asghar should have been suspended and his salary should have been withheld as a disciplinary measure after refusing to return.
The attorney general asked how Asghar could have been suspended without being given a chance to explain himself.
Responding to which, Chief Justice Iftikhar said that as per rules the opportunity to explain oneself was given only once the concerned official was suspended.
The court adjourned the case after the Attorney General pleaded with the court for one more chance.
Tags: Attorney General Irfan Qadir, Chief Justice Iftikhar Muhammad Chaudhary, Chief Minister Gilgit-Baltistan, Hussain AsgharShort URL: https://www.newspakistan.pk/?p=24783
Posted by Faisal Farooq
on Jun 5 2012. Filed under National, Pakistan.
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“Every federal government employee has the duty to implement the government’s orders. Otherwise they will have to face disciplinary action.”
This implies that the court considers itself government.
Constitutionaly Gilgat is not a province and this court has no jurisdiction over it. Looks like law books have become meaningless in this tug of war between state institutions.