ISLAMABAD: The Supreme Court while adjourning hearing of NRO review case till November, 1 has sought reply from AG on appointment of new chairman of NAB also rejected NAB report maintaining new report with documentary reports be presented and court be informed where the Swiss accounts money has gone to.
Supreme Court (SC) has allowed new counsel for government Sardar Latif Khosa to represent federation in NRO review case and directed him to formally inform SC registrar and Pakistan Bar Council that he remains no more advisor to prime minister.
Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry presided over the 17-member larger bench of SC here Wednesday.
During the course of hearing of the case former Attorney General Latif Khosa appeared before the court and requested that he be allowed to represent federation in NRO review case in place of Kamal Azfar.
Sardar Latif Khosa told the court federal government had appointed him its counsel in place of Kamal Azfar in NRO review case and he had resigned from his post of advisor to prime minister on October, 12.
“Court has always been accommodating you. However court verdict must be implemented” , CJP remarked.
Prime minister is implementing verdict on NRO and he has sought list of NRO tainted persons, Khosa said.
Justice Ramday while addressing Latif Khosa said “ You can better work on disaster while Kamal Azfar has never seen Muzaffargarh and Sindh on the map. Muzaffargarh is more affected in floods than other areas. It is your area. Who was advisor, has been appointed to plead this case and who was counsel, has been appointed advisor.”
“Whomsoever law demands to pursue the case has been appointed advisor. The major part of verdict on NRO should have been implemented. We have however to pursue the law. Government was earlier granted concession. You are in this profession since the last 40 years and do you not want the respect of the court is enhanced. You can give reference to specific point in NRO review case” CJP observed.
Attorney General (AG) Moulvi Anwar ul Haq held out assurance stern action would be initiated against the persons whose conviction had been restored under NRO verdict and were still serving on important posts.
“ Court verdict is not being implemented according to its spirit. As to why government does not take action against the accused persons. We are very serious in implementation of verdict. We have issued no stay order against December, 16, 2009 SC verdict on NRO. Please tell about those who have been convicted so far”, CJP remarked.
AG told he had list of 22 beneficiaries of NRO and SC verdict would be fully implemented.
Leave aside those persons whose matters are linked to NRO review case. But action be taken against the remaining persons”, CJP said.
Justice Ramday while addressing Moulvi Anwar ul Haq said “ Don’t take any botheration. We know it no action will be taken”.
The court declared unsatisfactory the reply presented by secretary establishment with reference to appointment of Adnan A Khawaja as chairman OGDC and sought all the record and documents pertaining to his appointment.
Secretary establishment Ismail Qureshi told the court he had received verbal orders of prime minister that Adnan A Khawaja be appointed as MD.
When inquired by the court it was told educational qualification of Adnan A Khawaja was only FA and his age was 43.
Secretary establishment told he was ignorant about the conviction of Adnan A Khawaja. When it came to his knowledge his notification was struck down.
“Can the law be bypassed on the verbal orders of prime minister. If any engineer can be appointed on the post of a doctor”, justice Saqib Nisar said.
“What haste was shown in this matter that appointment order was issued on the verbal directives”, justice Asif Saeed Khosa said.
“This graciousness is beyond comprehension as to why an incompetent and convicted person was appointed. Unemployment is rampant and jobs are far less. But it does not mean that favorites be inducted. In the case of appointment of a junior clerk you complete hundreds of formalities but here FA pass was appointed MD. The salary of this person exceeds that of 17 judges of this bench”, Justice Javed Iqbal remarked.
CJP asked secretary establishment he had signed appointment letter and no one would come to save him. No wrong deed can be allowed to be committed. Whatever decision has been given be implemented.
“You can not escape. You will have to implement this decision. Merit is being trampled and people are seeing it ”, justice Javed Iqbal remarked.
“Official infrastructure is being undermined. Who is responsible for it. The steps being taken by higher authority are causing loss to national exchequer. As to why the amount be not recovered from him. All the bureaucracy has been made personal servant. No one is caring for law. Country is passing through crisis”, Justice Raja Fayyaz said.
“In TV shows it is said not the judges but their decisions speak. In the prevailing situation people made of stone speak”, Justice Javed Iqbal said.
CJP asked AG “ You don’t take action. Ministers of your government are included in the list of 22 persons. We have to run the system. It should run. But if system wants to commit suicide then what can we do”.
Additional Prosecutor General NAB Muhammad Anwar Tarrar read out the report presented by NAB. It was laid down in the report that nothing except the letters sent by Malik Qayyum to Swiss authorities was left with NAB headquarters. No case was available in NAB headquarters which was closed under the orders of former AG. No record of any case pertaining to foreign country was available in NAB which was closed under NRO. Malik Qayyum had written letter only in respect of Swiss cases, he told.
“Former Attorney General Malik Qayyum violated the law therefore the cases were returned”, CJP remarked.
“Your report is incomplete. You have not read the report. There are several questions on NAB performance. You have not come here after completing your home work despite SC orders. NAB remarks about Swiss accounts that it is not in its knowledge where this money has gone to is insincere thing. Whatever is said in paragraph No 177 and 178 has not been read by you. And if you have read it then you do not want to inform the court about the facts.”Justice Javed Iqbal remarked.
“What is this that it is not in the knowledge of NAB where the money has gone to. You have not come to court with preparations. We give you more time. Come to the court with full preparations. Saying by NAB that it does not know where the money has gone to is not correct. Final decision will be taken on the basis of documents”, CJP observed.
Additional prosecutor general NAB told that NAB had issued two letters in respect of Swiss cases.
“That is a crucial matter. We will deal it separately”, CJP said. “All the information about the world are available at net. You can find Swiss courts orders at net and every thing will come to your knowledge”, Justice Ramday said.