Supreme Court hears criminal petition no. 564 of 2011
Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard Criminal Petition No. 564 of 2011 (Pervaiz Hussain and others Vs. Syed Tehsin Anwar Shah).
Mr. Rashid A. Rizvi, Sr. ASC and Mr. M.S.Khattak, AOR appeared on behalf of petitioner while Mr. M. Azhar Ch, ASC, Ch. Akhtar Ali, AOR, Ch. Sajjad Ahmed, ADG/FIA and Mr. Muhammad Azam Khan, Director (Law) FIA. The bench heard the case today and passed following order:-
“On 01.11.2012, notice was issued to Syed Tehsin Anwar Shah, Director General, FIA, with direction to appear and produce Khurram Rasool son of Ch. Ghulam Rasool, but he failed to comply with the direction, however, appeared on the next date of hearing i.e. 20.01.2012. When again he was asked to cause arrest of the accused person strictly in accordance with law, it was informed that instead of complying with the orders, he left the country for U.K. on the pretext that he had an already scheduled program, however, neither he informed the Court nor complied with the order.
On 24.01.2012, it was stated that the accused persons, in view of the interference of high-ups, are not being arrested and in this behalf Mr. Khashnood Lashari, Principal Secretary to Prime Minister made telephonic calls to the former Director Generals, FIA, namely Mr. Waseem Ahmed and Malik Iqbal. In such view of the matter, we were of the opinion that statement of the petitioner be recorded by FIA and accordingly his statement has been recorded, wherein he has supported his version, noted in letter dated 01.07.2011. Today, when the case was taken up, we have been informed that copies of recorded statement has been sent to Mr. Khashnood Lashari and Malik Iqbal, the then Director General, FIA and their replies have been taken through fax, but they both have denied their involvement.
2. It is interesting to note that in this case nobody is complaining less than the Principal Secretary to the Prime Minister (Ms. Nargis Sethi) and there are also other documents available on record, which indicate that according to the secret information of the intelligence agency, other officers are also involved in this case.
The Court, in this view of the matter has strong reasons to believe that on account of the involvement of the influential persons, no progress has been made as neither the order of this Court nor for that matter the order of Islamabad High Court is being implemented. When, we have enquired from Additional Director General, FIA, as to whether the statements of the petitioner or his son have been reduced in writing by getting them examined under Section 164 Cr.PC because the complaint was registered on the statement of the then Principal Secretary to Prime Minister (Ms. Nargis Sethi), whereas the grievance of the petitioners is that they have been deprived from an amount of about Rs.60/65 crores, he stated that their statements under section 164 Cr.PC be recorded today. Accordingly, the case was postponed and when it was again taken up, the Additional Director General, FIA has informed that process of recording of their statements so far has not been completed, as it has commenced today 12.00 noon by the Assistant Commissioner, Industrial Areas Islamabad.
3. On our query, Additional Director General, FIA, has informed that so far the accused has also not been arrested along with his brother Shahid Mehmood, however, he stated that some time may be given to the FIA to do the needful.
Although, the Director General, FIA, despite of our clear directions, earlier issued, has not complied with the order, thus once again he is communicated through Additional Director General, FIA, present in Court, for compliance of the order and to cause arrest of the accused persons so that the law may take its own course, failing which might he has to face the consequences for not obeying the directions repeatedly issued by this Court. To come up on 27.01.2012.”
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