Without entitlement: No use of official bullet-proof vehicles in polls, says SC

LAHORE: Supreme Court Chief Justice Mian Saqib Nisar said all transfers and postings made during the last month were subject to court’s approval, observing that “the court would examine all these transfers and postings.

The top judge, who reached Pakistan, late Wednesday night after a two-week international tour, resumed his duties Thursday morning.

A three-member bench, headed by the chief justice, heard different cases at the Supreme Court Lahore Registry. The bench also comprises Justice Manzoor Ahmad Malik and Justice Gulzar Ahmed.

The chief justice said recruitments carried out by all government departments within the last one month were conditional upon its final judgment in a case pertaining to the ban put by Election Commission of Pakistan on these recruitments ahead of elections to discourage ‘pre-poll rigging’. On April 11, to curb pre-poll rigging through the use of public funds as incentives, the ECP had barred all the federal and provincial governments from hiring in all institutions, working on development plans approved on April 1 or later and transferring funds for ongoing projects. However, the Islamabad High Court on May 10 revoked the ECP ban, but it was subsequently restored by the apex court, which ruled that the ban would remain in effect till it decides the case. The chief justice further announced that the court will also review the postings and transfers for officers of Grade 17 and above and decide whether they were based on merit or not.

The CJ wondered and asked Punjab chief secretary if some favourite officials of the Punjab government were being bestowed with favours days before the end of the government’s term.

He added that all such postings and transfers seem to be based on mala fide intent in light of the SC verdict.

“The current government could have left such transfers for the caretaker government,” the chief Justice remarked.

The court subsequently ordered the authorities to submit details of all transfers and postings approved by the provinces over the last month.

The top judge restrained the Punjab government from implementing the transfer and posting orders. He passed the order while taking suo motu notice on the transfers and postings made during the last month.

“Everybody is being favoured,” the CJ remarked. The bench asked the Punjab chief secretary to explain as to why all these transfers and postings were ordered just two days before the end of the constitutional term of the provincial government.

On it, the chief secretary replied that the government’s favourite people were appointed in the departments and therefore they are transferred.

“The officials of the Punjab CM’s House are appointed in big offices,” the CJ observed. The court ordered the provincial governments to submit record of all the postings and transfers made recently within a week.

The chief justice expressed displeasure over the government’s inability to convene a special meeting of the federal cabinet to chalk out a plan of action in Asghar Khan case.

Criticising the federal government, CJ questioned, “why has the federal cabinet not taken any decision pertaining to Asghar Khan case verdict,” adding that this is a serious case but the government is least concerned about it.

The apex court had earlier rejected a review petition filed by former army chief Gen (retd) Mirza Aslam Beg and former director general of the Inter-Services Intelligence (ISI) Lt-Gen (retd) Asad Durrani against its 2012 verdict in the Asghar Khan case, and sought a reply from the federal government regarding implementation of the court’s order.

Appearing before the court, the attorney general requested the court for more time. “Please give us some time to summon a meeting of the cabinet,” he added.

To which, an enraged CJ remarked: “The cabinet should hold a meeting today and take a decision. You must tell us about cabinet’s decision today only”. “Inform us of the cabinet’s decision today no matter what,” he directed the government’s counsel. Moreover, FIA’s Director General Bashir Memon said an inquiry into the case is under way.

On October 19, 2012, a SC bench headed by former chief justice Iftikhar Muhammad Chaudhry directed the executive to take action against former generals Beg and Durrani for distributing millions of rupees among politicians against the the PPP ahead of the 1990 general elections. The SC had also asked the FIA to probe into the matter against politicians, including Nawaz Sharif, who had allegedly received donations to spend on election campaigns in the general election of 1990.

On June 16, 1996, Asghar Khan wrote a letter to former chief justice Sajjad Ali Shah which contained names of politicians who had allegedly received money from the ISI ahead of the 1990 polls. The funds were provided by Younas Habib, the chief executive officer of Habib Bank Ltd (HBL), then a government bank.

According to the letter, Nawaz Sharif had allegedly received Rs3.5 million; Mir Afzal Khan, Rs10 million; Lt-Gen Rafaqat, Rs5.6 million (for distributing among journalists); Abida Hussain, Rs1 million; Jamaat-e-Islami, Rs5 million and senior journalist Altaf Hussain Qureshi, Rs500,000. In Sindh, Ghulam Mustafa Jatoi received Rs5 million; Jam Sadiq got Rs5 million; Mohammad Khan Junejo Rs250,000; Pir Pagara, Rs2 million; Maulana Salahuddin, Rs300,000 and other small groups in Sindh got Rs5.4 million. In Balochistan, Humayun Marri received Rs1.5 million. The letter also contained the names of Bizenjo and Kakar tribes.

The SC in its verdict had said former president Ghulam Ishaq Khan, former army chief Aslam Beg, and ISI’s ex-chief Durrani, acted in violation of the Constitution by facilitating a group of politicians and political parties, to ensure their success against rival candidates in the general election of 1990.

On May 8, the apex court gave a week’s time to the federal government to summon a cabinet meeting for determining what action to take in light of the case verdict. Now, the implementation of the verdict remains, the chief justice asserted.

“To-date the federal government did not do anything,” he regretted, adding that the FIA probe after the verdict also ceased after a certain point.

The chief justice directed the federal government to implement the court’s earlier verdict and decide what action has to be taken against the accused in the case.

The chief justice also observed that it is the government’s job to determine in which court former army officers are to be tried.

The chief justice also ordered confiscation of all government vehicles given to ministers and government officials without official entitlement, observing that anyone who needed bulletproof vehicle should buy from his own pocket.

The top judge also summoned former federal law minister Zahid Hamid to explain as to why he used the official car.

The bench also sought details about the security provided to the people and officials without the required entitlement including Punjab Chief Minister Shahbaz Sharif’s sons Salman Shahbaz and MNA Hamza.

Following a court order, DIG Abdur Rab submitted a report that security had been withdrawn from 246 people. However, 114 people had been provided security on the recommendations of the committee made by the court, the officer said.

“Come up with verified report within 24 hours,” the CJ directed the IGP and observed that “the IGP and the DIG would be responsible if the incorrect report was submitted”. The court put off further proceeding for a week.

About the official vehicles, the bench asked Advocate General Punjab to submit details about the official vehicles and remarked that it should be a complete report. “No falsification would be tolerated,” the CJ remarked.

The chief justice had already ordered federal and provincial cabinet secretaries on April 14 to submit record of all ministers and officials using Support Utility Vehicles (SUVs) and luxury cars without official entitlement.

Additional Attorney General Syed Nayyar Abbas Rizvi appeared before the court and furnished a detailed report stating that 105 government-owned automobiles were in the use by the members of federal cabinet and departments, whereas 191 are being used by Punjab cabinet and departments. He said no government official could have any official car in beyond 1800cc. The law officer said JUI-F chief Maulana Fazlur Rehman had a Land Cruiser and three double-cabin automobiles, whereas federal ministers Abid Sher Ali and Kamran Michael had been using Mercedes Benz. He informed the court that opposition leader in the National Assembly Khursheed Shah and Attorney General Ashtar Ausaf Ali were in possession of bulletproof car each.

During the proceedings, the bench asked about former federal law minister Zahid Hamid that why he was using the official car. Rizvi further informed the court that no government officer or minister has the right to have a government vehicle in excess of 1800cc. At this, the chief justice directed the chief secretary to impound by midnight (tonight) all the government vehicles that are being used beyond their official entitlement.

“All those who have been involved in the same practice would also be summoned,” the CJ remarked. The court directed the Advocate General of Punjab to present the correct information, observing that falsification on the subject matter would not be tolerated.

The CJ directed the government to take back two extra vehicles given to Punjab Chief Minister Shahbaz Sharif and the bulletproof car in possession of Punjab Law Minister Rana Sanaullah.

Taking up the private schools’ fee case, the CJ issued notice to the respondents and sought replies. The court also turned down the petitions challenging the stay orders of the Lahore High Court.

“Big people exploited parents by opening private schools,” the top judge remarked, adding that “they don’t have much salaries to pay such fees to the private schools”. The top judge also observed that education is not an industry; it’s basic right”.

The bench also sought explanation as to why the withholding tax was being taken from the schoolchildren. “Everything, apparently, has been done to benefit the private schools,” the CJ remarked.

In a separate case of Nandipur Power Project, the SC sought comprehensive details regarding the cost and the contract made with a Chinese company.

The Wapda employees who had been stopped from working on the project told the court that the government had given Nandipur Power project to Chinese company on a contract.

The Wapda employees, they said, had been sent to Guddu and Muzaffarbad power plants where they had been facing death threats. They said their salaries had also been stopped. A law officer pleaded the court for detailed reply, assuring that the salaries would be paid to the complainants. The court barred the post of the of Wapda officials at new places and sought detailed report on the project. The court put off further hearing till three days.

A Smog Commission Thursday submitted a report before the Supreme Court and suggested that action should be taken against the industrial unites causing pollution in various parts of the country.

The commission headed by Dr Pervez Hassan submitted 36-page report before the court. The commission in its report suggested that emergency sirens should be run in the cities if the air quality exceeded the limit of 300 quality index.

The commission further suggested that masks should be distributed among the citizens to protect them from pollution while more and more trees should be planted. It suggested that the old trees should be preserved.

Environmental monitoring units should be made functional and agreements should be signed with the neighbouring countries to avoid smog and pollution in the air, coordination between the public sector departments like the forest and environment should be developed and air quality index should be made public on daily basis.

The SC also ordered accountability courts to decide within 10 days the pending references in a mega land scam case involving National Insurance Corporation Ltd (NICL).

The scandal five years ago pertains to financial embezzlement by former NICL chairperson Ayaz Khan Niazi, Mohsin Habib Warraich, the then commerce minister (late) Makhdoom Amin Fahim, and several others in the purchase of official land.

Resuming hearing at the Supreme Court Lahore Registry, the three-member bench directed the accountability courts of Lahore and Karachi to decide all four references in the case within 10 days.

The SC ordered that Mohsin Habib Warraich, the main accused in the scam, be arrested and presented before it. The apex court also summoned records of all cases pending in the accountability courts of Karachi and Lahore.

Expressing his displeasure at the lack of headway in the NICL corruption case, the chief justice remarked that it appeared the NAB was being lenient with the accused in the case, and that it would not be permitted. NICL’s former chairman Ayaz Khan Niazi was arrested in mega land scam.

Ayaz Khan Niazi, the other central figure in the land scam, was arrested earlier this month on the directives of the Supreme Court. The Supreme Court, in its 2013 verdict, had held that Niazi was appointed as the head of NICL in violation of rules and directed NAB investigations against several top bureaucrats and politicians of the country.

Agencies add: The chief justice said that use of official bullet-proof vehicles would not be allowed.