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ISLAMABAD: Dr Shoaib Suddle Commission formed to probe Malik Riaz-Arsalan Iftikhar scandal has issued a warning letter to the Interior Ministry against the non-compliance of its directives setting a deadline of Thursday to ensure compliance or the dreaded Article 190 of the Constitution will be invoked.
Article 190 says that “all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court”.The Supreme Court had appointed a Suddle Inquiry Commission under Supreme Court Rules, 1980 with the powers of a judge of the Supreme Court granting him full powers, inter-alia, in respect of summoning a person, enforcing his attendance or compelling production of documents for the purpose of carrying out the task at hand. All state functionaries are required to provide necessary assistance to the Commission. The probe was assigned to the Commission after NAB turned out to be biased in favour of the powerful accused as majority of the members of NAB’s JIT behaved like his personal employees.
A letter sent Monday addressed to the interior minister listing six directives issued by the Commission either to the ministry or FIA requiring them to assist the probe body. None of them was complied.
Rather than acting in aid of the Commission, as required under Article 190 of the Constitution, there is not an occasion when the ministry or its relevant attached departments have not tried to impede or obstruct the process of the Commission, read the letter.
The first order issued on September 10 directed the FIA for the temporary attachment of two FIA officials with the Commission, Director (Legal) Haji Azam was one of them. More than two months have been passed but no compliance has been made. Even a simple matter involving service of summon on Malik Riaz Hussain was obstructed and the due date of September 17 was allowed to lapse, read the letter sent to interior minister.
Later, the Commission directed the ministry on October 5 for putting on Exit Control List the names of Malik Riaz, Dr Arsalan Iftikhar, Ahmad Khalil and others under investigation to ensure their presence in Pakistan during the proceedings of the Commission. It has not been done yet even after the passage of over a month.
Secretary interior, the letter goes on, has been directed four times for his appearance in person before the Commission for explaining reasons for non compliance of Commission’s orders, but he has continued to defy the orders, offering lame excuses.
In response to notice sent on October 16, read the letter, about the non-appearance of the secretary interior, the ministry responded that the matter was under “active” consideration between Law and Interior Divisions and was expected to be concluded “very early”. Prima facie, it was done only to frustrate the process of the Commission, said the letter.
Likewise, the Commission issued directives to the FIA director (Cyber Crime Wing) on October 18 for providing details of e-mails to and from an e-mail address appearing on a document produced in the Supreme Court by Malik Riaz Hussain. “While the report of FIA was awaited, it appeared in a section of the press that two FIA officials namely Shahid Nadeem Baloch, Project Director, NR3C, and Muhammad Akram, Forensic Expert, were transferred from their posts for acting in compliance of the lawful orders of the Commission,” read the letter.
Muhammad Akram was posted to Quetta, apparently in order to ‘teach him a lesson’, according to the letter. In order to ensure that the officials complying with the Commission’s lawful orders were not subjected to any harassment / victimization, DG FIA was directed to either cancel these orders or submit his written explanation within 03 days. DG FIA responded through a letter that “these were routine transfers”.
However, in order to arrive at a just and fair conclusion in the matter, the Commission summoned the two FIA officials, through DG/FIA, for November 6 for recording their statements. Instead of directing the concerned officials to appear before the Commission, the FIA referred the matter to the Ministry of Interior for taking up the matter with the Law & Justice Division. “The purpose was to create undue obstacles in the working of the Commission.”
Article 190 says that “all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court”.The Supreme Court had appointed a Suddle Inquiry Commission under Supreme Court Rules, 1980 with the powers of a judge of the Supreme Court granting him full powers, inter-alia, in respect of summoning a person, enforcing his attendance or compelling production of documents for the purpose of carrying out the task at hand. All state functionaries are required to provide necessary assistance to the Commission. The probe was assigned to the Commission after NAB turned out to be biased in favour of the powerful accused as majority of the members of NAB’s JIT behaved like his personal employees.
A letter sent Monday addressed to the interior minister listing six directives issued by the Commission either to the ministry or FIA requiring them to assist the probe body. None of them was complied.
Rather than acting in aid of the Commission, as required under Article 190 of the Constitution, there is not an occasion when the ministry or its relevant attached departments have not tried to impede or obstruct the process of the Commission, read the letter.
The first order issued on September 10 directed the FIA for the temporary attachment of two FIA officials with the Commission, Director (Legal) Haji Azam was one of them. More than two months have been passed but no compliance has been made. Even a simple matter involving service of summon on Malik Riaz Hussain was obstructed and the due date of September 17 was allowed to lapse, read the letter sent to interior minister.
Later, the Commission directed the ministry on October 5 for putting on Exit Control List the names of Malik Riaz, Dr Arsalan Iftikhar, Ahmad Khalil and others under investigation to ensure their presence in Pakistan during the proceedings of the Commission. It has not been done yet even after the passage of over a month.
Secretary interior, the letter goes on, has been directed four times for his appearance in person before the Commission for explaining reasons for non compliance of Commission’s orders, but he has continued to defy the orders, offering lame excuses.
In response to notice sent on October 16, read the letter, about the non-appearance of the secretary interior, the ministry responded that the matter was under “active” consideration between Law and Interior Divisions and was expected to be concluded “very early”. Prima facie, it was done only to frustrate the process of the Commission, said the letter.
Likewise, the Commission issued directives to the FIA director (Cyber Crime Wing) on October 18 for providing details of e-mails to and from an e-mail address appearing on a document produced in the Supreme Court by Malik Riaz Hussain. “While the report of FIA was awaited, it appeared in a section of the press that two FIA officials namely Shahid Nadeem Baloch, Project Director, NR3C, and Muhammad Akram, Forensic Expert, were transferred from their posts for acting in compliance of the lawful orders of the Commission,” read the letter.
Muhammad Akram was posted to Quetta, apparently in order to ‘teach him a lesson’, according to the letter. In order to ensure that the officials complying with the Commission’s lawful orders were not subjected to any harassment / victimization, DG FIA was directed to either cancel these orders or submit his written explanation within 03 days. DG FIA responded through a letter that “these were routine transfers”.
However, in order to arrive at a just and fair conclusion in the matter, the Commission summoned the two FIA officials, through DG/FIA, for November 6 for recording their statements. Instead of directing the concerned officials to appear before the Commission, the FIA referred the matter to the Ministry of Interior for taking up the matter with the Law & Justice Division. “The purpose was to create undue obstacles in the working of the Commission.”
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