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IGP transfer case: SC summons assets details of Swati, his children

By Our Correspondent
November 01, 2018

ISLAMABAD: The Supreme Court on Wednesday admonished ministers for information and science and technology for their recent statements pertaining to the transfer of police chief of the federal capital Jan Muhammad and summoned details pertaining to assets of Azam Swati as well as his children.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing in a suo motu case regarding transfer of IGP Islamabad Jan Muhammad.

During the hearing, the chief justice said that they will ask the Federal Investigation Agency (FIA) to probe the case. The chief justice also hinted that a joint investigation team (JIT) may be formed to investigate the matter.

The court had summoned Minister for Information Fawad Chaudhry and Minister for Science and Technology Azam Swati and later on both the ministers appeared before the court.

Fawad Chaudhry while giving his statement on the issue of Islamabad IG’s transfer had said that being the chief executive of the country, Prime Minister Imran Khan had full authority to suspend any police officers who were insubordinate. The information minister had questioned the point of electing a prime minister if he couldn’t even remove an officer over legitimate complaints. He had added that the government would present its arguments to the Supreme Court and follow the latter’s verdict.

On Wednesday, Chief Justice Mian Saqib Nisar admonished both the federal ministers for their statements on the issue of the IGP’s transfer.

It is pertinent to mention here that IGP Islamabad Jan Muhammad was transferred on October 27 after he allegedly refused action on a complaint by Azam Khan Swati’s son regarding an incident at his farmhouse which, the minister claims, led to three of his employees being injured.

The court on Wednesday directed to produce before it, the jail record and FIR that was lodged against the affected family which belonged to Bajaur tribal district and also summoned the affected family and Islamabad IGP today (Friday).

The chief justice while addressing Azam Swati said that he got the entire family, including women, arrested. Azam Swati said that he had talked to all the relevant officers on the issue, but nobody paid any heed to his complaints. Similarly, he contended that he had received threats and told that he will be blown up.

The chief justice then asked Swati as how much land he owns and further inquired if he has illegally encroached on the land?”

The chief justice said that Article 62(1)(f) will not be confined only to the book, but now it will be invoked also. “Is this the job of a minister or Sadiq and Ameen to harass the poor people,” the chief justice questioned. He told the minister that he should have played the role of a bigger person in the fight. The chief justice recalled that last time the court forgave Punjab CM Usman Buzdar because the government was still new, hence the court wanted the system to work.

“But now we will see where to implement Article 62(1)(f) of the Constitution and through this case we will decide how the country will be run,” the CJ remarked.

The chief justice warned Azam Swati not to harass the affected family, adding that the FIA will be asked for probing the matter.

Justice Saqib Nisar further said that Azam Swati will not leave the country till the conclusion of the investigation and sought record from police regarding the affected family. The court then directed Azam Swati to submit his and his children’s asset details and directed the DG FIA to conduct an investigation. The court also directed that a case be registered against Swati if the family lodges a complaint.

Earlier, Attorney General Anwar Mansoor Khan, secretary establishment and interior secretary also appeared in court after being summoned.

The chief justice asked Fawad Chaudhry why did he issue a sarcastic statement about the court? Fawad replied he cannot even imagine of doing so. He said he highly respects the court and even do not have the guts to say anything about the court.

The chief justice then asked who issued the statement that if bureaucracy has to play the role then what was the point of elections? Fawad claimed that his statement was not directed towards the court.

Meanwhile, the court made Fawad’s clarification statement part of the court record.

The CJ asked whether the ministers are above the law? “What is the competition between a common man and a powerful minister? If you are insisting on your statement then we can look at it in terms of merit,” the CJ asked Fawad.

“There is a limit to irresponsibility,” the CJ observed, while referring to Fawad’s statement.

Meanwhile, Attorney General Anwar Mansoor submitted a report regarding the transfer of the Islamabad IGP.

He informed the court that Minister of State Sheheryar Afridi asked the prime minister to remove the Islamabad IGP and a few days earlier Finance Minister Asad Umar had also called for his transfer.

The attorney general further submitted that the ministers were not satisfied with the IGP’s performance as crime and drug peddling increased in the capital and IGP was unable to render his professional obligations.

“In the wake of such a situation, the premier issued directives that a summary for Jan Muhammad’s transfer be prepared,” the AGP submitted. The chief justice asked as to which volcano erupted that such immediate measures were taken against the IGP.

The attorney general admitted that the prime minister issued verbal orders of transfer of Jan Muhammad following Swati’s complaint. He submitted that the establishment secretary immediately prepared a report and forwarded it after which the premier gave approval for the transfer of the Islamabad IGP.

Justice Ijazul Ahsen observed that the IGP was transferred on October 27 but the verbal orders were confirmed on October 29, adding that the IGP had been transferred before the summary was approved.

The attorney general submitted that as per Rule V,11A, the prime minister can issue verbal orders. The chief justice said that the rule only applies in emergency situations.