Government witnesses liable to NAB action
 

By Ansar Abbasi

ISLAMABAD: Some key government witnesses, who, in their affidavits, admitted to have extended undue favours to Chief Justice Iftikhar Muhammad Chaudhry due to his pressure, are liable to punishment under the National Accountability Bureau (NAB) Ordinance.

A legal expert of NAB, who talked to The News in consultation with the NAB spokesman, said on Monday that notwithstanding the pressures it is the authority that is responsible for acting against the violations.

Although the prime minister is not among the official witnesses, according to these affidavits filed with the full court, Shaukat Aziz, too, falls in the category of those who had succumbed to the top judge’s pressures and sanctioned a Mercedes Benz car for him to which the chief justice was not entitled.

The government witnesses, including Balochistan Chief Minister Jam Muhammad Yousaf, Interior Minister Aftab Sherpao, Interior Secretary Syed Kamal Shah and some others, admitted in writing to have favoured the CJ beyond his entitlement.

According to a NAB legal expert, public office holders who misuse their authority to render, transfer or transmit any benefit to any person due to external pressures, commit an offence under this law.

“If you are vested with some trust or authority, you are responsible for its discharge in accordance with law,” the expert said on condition of anonymity, adding that the basic principle of law is that the authority is bound to act under the law and in line with the parameters set by the law.

Asked about the federal and provincial authorities, which, according to the government claims, had offered undue benefits to the chief justice after being pressurised by him, the expert said that misuse of authority is an offence and the one who misused it is liable to punishment.

An observer wondered why NAB has not initiated any action against the accused in this regard. Detailed scrutiny of the official affidavits shows the government authorities acknowledged to have rendered undue benefit to the CJ. In his affidavit, Chief of Staff to the President Lt-Gen (retd) Hamid Javaid said that Justice Chaudhry, in his sworn statement, had tried to create an impression as if a Mercedes Benz car in his use had been sent by the prime minister “of his own volition”.

Javaid said that contrary to the rules/guidelines, the CJ pressurised the Principal Secretary to the PM, Javed Sadiq Malik, for provision of a Mercedes Benz car from the pool of the Cabinet Division, which was provided in July 2005.

“Being dissatisfied with the 1993 model car, the CJP soon started agitating for its replacement with a 2004 model Mercedes Benz car. He kept pressing the matter till the prime minister’s approval for replacement of the car in February 2006.”

Chief Minister Jam Yousaf, in his affidavit, said that despite the fact that no post in technical cadre of section officer was available, he was compelled by the CJ to appoint his son Dr Arsalan as section officer. He said he did this because “I could not afford displeasure” of the CJP.

Yousaf said that he sent Dr Arsalan to the FIA on deputation on the insistence of the CJ. He added, “After appointment as section officer in ministry of health, I was again approached and asked by Chief Justice of Pakistan to confirm service of Dr Arsalan Iftikhar although he had only put in above five months service and did not complete the probation period. As the head of the Government of Balochistan, I could not afford displeasure of Mr Justice Iftikhar Muhammad Chaudhry....”

Sherpao said, in his affidavit, that he was pressurized by the CJ through his emissary for Dr Arsalan’s deputation as assistant director (AD) in the FIA. He said that the CJ’s son was brought on deputation to the FIA as AD and later promoted to BS-18 with retrospective effect and sent for training to police academy on account of undue influence and pressure of the CJ. He was also sent on foreign course.

Kamal Shah claimed in his affidavit, “The Chief Justice of Pakistan blatantly used his high position to secure an undue advantage for his son. Not only the letter of 6th August, 2005, but all subsequent correspondence, actions and notification of Ministry of Interior in respect of Dr Arsalan Iftikhar were result of the Chief Justice of Pakistan employing the influence of his position to gain an advantage which was neither proper nor in the interest of his son.”

Shah said that the CJ’s son was sent on training to police academy for a course “exclusively meant” for PSP officers. Interestingly, when Shah was approached by this correspondent in early 2006 on the issue, he had said that he was pro-training and did not see anything wrong with Dr Arsalan joining police academy for specialized police training.

Former IG Sindh Jahangir Mirza in his affidavit said, “Mr Justice Iftikhar Muhammad Chaudhry was extremely fond of pomp and show and he always demanded, and got, excessive protocol and security cover during his visits to Sindh.” He admitted that even the “excessive” demands like providing three police mobiles, two police jeeps, elite force contingent, SP for escort, inspector for pilot duty and ASI for gunman duty along with a “Walki Talki set and 9mm Glock-17 pistol”.

He said, “However, when it became unreasonable, I had to express regrets.” Incumbent IG Sindh Ziaul Hasan said in his affidavit that the CJ traveled to Punjab and demanded very high protocol beyond his entitlement. He added that he was asked by a SC assistant registrar that Dr Arsalan be provided a new 6 cylinder jeep and he should also be allowed to wear police uniform. “When apprised that an FIA officer is not entitled to wear police uniform, Mr. Muhammad Bashir Janjua again insisted that Chief Justice of Pakistan has desired that his son should wear police uniform. Thereafter Dr Arsalan Iftikhar unauthorisedly started wearing police uniform with rank of ASP.”

He added that during his stint as commandant police academy he was again approached by Janjua to insist that Dr Arsalan be nominated for a foreign course. Hassan said that when he told Janjua that the course is meant for serving police officers and not under training officers, he was told that the CJ wants his son’s nomination for the foreign training course. “Accordingly, Dr Arsalan was nominated for the course...”

Amil Shameem Wynne, the district police officer Pashin, in his affidavit said that the CJ called him and “forcefully ordered” to promote constable Abdur Rehman, who was Justice Iftikhar’s personal orderly and was middle pass not qualified to become a head constable without fulfilling pre-requisite for the said rank. But still he admitted to have immediately conveyed verbal order of the CJ to central police officer through a formal letter. He said on the same day the constable was allowed to put on the ranks of head constable though formal approval was granted later.

The DG protocol Sindh Muddassir Iqbal in his affidavit said, “The officer incharge, Supreme Court, Karachi has, from time to time, been making requisition for providing Mercedes car from Chief Minister’s pool and other vehicles like Parados/Land Cruisers/Toyota Corolla for the use of Chief Justice of Pakistan during stay at Karachi and tour/tours to interior Sindh, besides requisition for detailing vehicles for the family/wife of Chief Justice of Pakistan.” Iqbal admitted, “That the same were provided as per demand.”

The DG protocol Punjab Mushtaq Hussan Hamdani said that the CJ has been provided vehicles of different types as per demand from chief minister’s pool for his and his family’s use during his stay in Lahore. However, once, upon being provided an old model Mercedes, the CJ got annoyed.

The director general FIA, Tariq Parvez, said in his affidavit that following a message from the CJ, he contacted the secretary interior, who stated that Dr Arsalan be allowed to assume charge of the FIA with effect from 30th September 2005 and not 22nd March 2006 as had been done by the FIA. The DG, however, wrote on the file in June 2006 that neither FIA requisitioned the CJ son’s services nor was it involved at any stage for his deputation or district attachment.

The secretary establishment, Syed Tariq Bukhari, according to the presidential reference, after being pressurized by the CJ had recommended a rule tailor made for Dr Arsalan’s induction but this rule was never approved by the prime minister. Bukhari, however, in his affidavit did not talk of the recommended rule but reflected at length how he was pressurized by the CJ to get his son inducted into the police service of Pakistan. Like Tariq Pervez, Bukhari also wrote on the file about the prevailing law position vis-à-vis the demand of the chief justice.

Khushnood Akhtar Lashari, the then additional chief secretary Punjab and presently federal health secretary, was also among those few official witnesses who according to their affidavits showed the courage to speak their mind before the CJ when he was functional.

Lashari’s affidavit said, “I informed the Chief Justice that the Mercedes car that was given for his use has been performing protocol duties for his predecessor as well. Provision of such cars to visiting Chief Justices and Judges of superior judiciary was a courtesy extended by the Provincial Government and it was not mandated under the rules. The Chief Justice in an annoyed mood left for his court to hear cases.” Lashari also said that the CJ had tried to intimidate the officers for obtaining privileges he was otherwise not entitled to.

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