P L D 2011 Supreme Court 277 (PLP)

Mr, Azam Khan, Director Law, FIA states that Syed Javed Ali Bukhari, a Police Officer who was made Incharge of the Investigation as it was informed on the last date of hearing, has now been appointed as Additional Director General, FIA vide Notification, dated 21-1-2011. It is to be noted that on previous date of hearing it was pointed out that without becoming an Officer in the organization in terms of section 3(2) read with sections 4 and 5(2) of the Federal Investigation Agency Act, 1974 he would not be in a position to supervise the investigation of the case. Now, he has been appointed as Additional Director-General, FIA and investigation of the case is to be conducted by a team of FIA under his supervision.

2. Syed Javed Ali Bukhari, Additional Director-General, FIA has submitted a report under his signature. A perusal whereof indicates that a thorough investigation has not been conducted as so many important aspects of the matter have been left out. He further states that Hussain Asghar, Director FIA, along with his team is investigating the case in Saudi Arabia and all efforts are being made to cause the arrest of Ahmed Faiz Muhammad Shafi and others.

3. In response to earlier order, dated 20-1-2011, Establishment Division has furnished a list of nine Officers of Police Department who are employed on contract awarded to them after their retirement due to superannuation, their names and designations are as under:-- (1) Mr. Sultan Salahuddin Khattak, Provincial Police Officer, Govt. of Sindh, Karachi (2) Mr. Waseem Ahmed, D.G. FIA, Islamabad. (3) Mr. Tariq Jamil, Joint Director-General Sindh, Provincial Head Quarters, IB, Karachi. (4) Major (R.) Khurram Gulzar, DIG Traffic Govt. of Sindh, Karachi. (5) Mr. Nadir Hussain Khoso, DIG Training Govt. of Sindh, Karachi. (6) Mr. Asghar Mahmood, Deputy Director General, Intelligence Bureau, Islamabad. (7) Mr. Din Muhammad Baloch, DIG Larkana Range, Larkana. (8) Lt.-Col. (R.) Farman Ali, DIG Head Quarter Gilgit, Gilgit Baltistan. (9) Mian Akhtar Hayat, AIG, Pak Railways Police, Lahore.

4. Mr. Waseem Ahmed, Director-General, FIA requests for time to file reply. Mr. Sultan Salahuddin Khattak, Mr. Tariq Jamif, Lt. Col. (R.) Farman Ali and Mian Akhtar I-iayat have filed their replies whereas Major (R.) Khurram Gulzar, Mr. Nadir Hussain Khoso and Mr. Din Muhammad Baloch have appeared and requested for some time to engage counsel.

5. Learned Attorney General has also placed on record summary of some of the Police Officers who are re-employed on contract basis. A perusal whereof indicates that prima facie while they were re-employed, the provisions of law i.e. section 14 of the Civil Servants Act, 1973 as well as instructions contained in Esta Code in Volume-I, Edition 2007 under the heading "Re-Employment" and the judgments of the superior courts on the subject were not considered/adhered to. It is to be noted that for establishing rule of law and Constitutionalism, it is necessary that the relevant provisions should be followed strictly in letter and spirit otherwise it would not be possible to provide an effective machinery in law particularly in Police Department to ensure law and order, so the itl peace in the country, at the same time to avoid violation of the relevant provisions of law noted hereinbefore, which is tantamount to blocking the promotion of the Officers who have also served in the Forces and are waiting for their promotion but they are not getting chance because of the re-employment/contract awarded to the retired Officers. This is not only in the Police Department but for the purpose of achieving good governance; the same principle should be followed and strictly applied in other Departments as well. Be that as it may, we are adjourning this case and in the meanwhile learned Attorney-General shall take up the matter with the Government/Competent Authority so it may take necessary steps to rectify if any omission has been committed, before the next date of hearing. Similarly, the learned Attorney-General shall convey this order to the Secretary, Establishment Division and the Chief Secretaries of the Provinces to ensure that if any Civil Servant or other person who has been re-employed, his case be also examined in terms of the provisions of law and both Federal and Provincial Governments should take necessary steps to ensure that re-employment or employment on contract basis are not made in violation of the relevant law.

6. As the case relating to Hajj scam is being investigated by the FIA and the Attorney General also needs some time to bring this into the knowledge of the Competent Authority, both Federal as well as the Provincial Governments, we adjourn this case for 10-2-2011. In the meantime, if any progress is made by the Additional Director General, FIA qua investigation of the case, he shall submit weekly report for our perusal in chambers.

7. Rao Shakeel Ahmed, former DG, Hajj produced in Court in custody, is ordered to be taken back and be produced on the next date of hearing. (Sd.) Iftikhar Muhammad Chaudhry, C.J. (Sd.) (Sd.) Javed Iqbal, J Raja Fayyaz Ahmed, J (Sd.) (Sd.) Muhammad Sair Ali, J Anwar Zaheer Jamali, J (Sd.) (Sd.) Asif Saeed Khan Khosa, J Ghulam Rabbani, J (Sd.) Khalil-ur-Rehman Ramday, J M.A.K./S-7/S Order accordingly.