Law secretary directed to fill reference against Malik Qayyum

Supreme Court has directed law secretary to file reference against former Attorney General (AG) Malik Qayyum within twenty four hours besides removing prosecutor general NAB from his office also within 24 hours.

The directives were issued during the hearing of non implementation of court verdict on NRO by a 6-member SC larger bench presided over by the Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry and comprising justice Mian Shakir Ullah Jan, Justice Chaudhry Ejaz Ahmad , justice Tariq Pervez, justice Asif Saeed Khosa and justice Khalil ur Rehman Ramday.

Law secretary Aaqil Mirza appeared in the court being summoned. The court inquired where the proceedings stand against the former AG Malik Qayyum.

Law secretary told he had written to Bar Council for initiating action in this regard.

The CJP remarked Bar Council would take no action and it had given reply to you as well. This was a criminal case and he had given benefit to some one, he further remarked.

Law secretary told he had sought opinion from attorney general in this connection. The CJP remarked verdict of 17-member larger bench of SC had come on NRO. Reference will be filed under section 9 against Malik Qayyum and this reference will be filed by you today and reply will also be furnished by you. The matter of removal of prosecutor general from his office is also pending with you and decision on it be also implemented immediately, Reply be also filed on the matter related to increasing the number of Accountability courts ”, CJP further remarked.

Chairman NAB Naveed Ahsan and deputy chairman Irfan Nadeem appeared in the court.

At the inception of the hearing the court asked how many cases had been reopened under the SC verdict on NRO. Chairman NAB told 167 cases had been reopened under the court decision.

The court inquired cases lying in foreign courts had not been reopened. Chairman NAB told the persons were enjoying immunity under constitution against whom the cases were instituted in foreign countries.

Those who were enjoying immunity were not defending their cases in person. Whosoever will face any problem will approach the court. Why are you advocating them. Your prosecutor undertake foreign visits then as to why he does not get the cases reopened”, CJP inquired.

Chairman NAB told all the record pertaining to Swiss cases had been taken into custody.

The officer who was involved in the crime had been made head of the same department. We will make this officer an example and no one will dare to violate courts verdicts in future”, CJP observed.

Chairman NAB told summary had been sent to law ministry to remove prosecutor general.

“ As to why Swiss case have not been got reopened. The amount involved in these cases is trust of the nation. This is not some one personal wealth. If you are such a rich man then you should deposit this money. How much amount this is”, CJP inquired.

Chairman NAB told the amount stands at Rs 48 billion. He also informed he had no authority to initiate any proceedings against Malik Qayyum.

“You are doing this all to save your job despite the fact you have completed most of the part of your service period and are running on bonus like me”, Justice Ramday remarked. Chairman NAB told he had resigned from his service.

The court ordered chairman NAB to inform the court in writing about the implementation of SC verdict on NRO.

Allowing him some time the court directed him to give his reply in writing just now here and tell the court who created hurdles in the implementation of decision and who asked you to ignore the decision.

“Are you sending monthly reports to monitoring cell of the court. If you have filed appeals or otherwise against the persons who are being acquitted”, court observed.

The officers who were served contempt of court notices filed their replies in writing in the court on the occasion.

Interior secretary told he had not received the notice so far. The court expressed dissatisfaction over the replies and adjourned the hearting till today. Notice was again issued to the interior secretary.

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