SC restrains FIA from withdrawing high profile cases
The larger bench of the Supreme Court on Thursday has expressed its concerns over withdrawing high profile cases and restrained FIA prosecution branch from withdrawing any high profile case. Supreme court ordered that no transfer or posting be made in the agency until further order by the top court.
During the hearing of the case related to government interference in the investigative agencies, the Supreme Court asked that on what basis were the appointments and transfers of investigating officers in the cases of Shahbaz Sharif and Hamza Shahbaz made?
A five-member larger bench headed by Chief Justice Umar Ata Bandial was hearing the suo motu notice on alleged government interference in the investigation against high profile government members.
During the hearing, the Chief Justice remarked that several officers had been transferred from NAB Lahore and FIA, adding that there was concern over transfers and appointments in high profile cases.
“Why this is happening? Mr. Attorney General, thank you for coming. Have you read the paper book of the suo motu case?” CJP asked Attorney General.
Attorney General Ashtar Ausaf replied that he had not read the paper book, on which he was given to read the paper book of suo motu notice.
Chief Justice Umar Ata Bandial said that read paragraphs 2 and 3 of the paper book, the prosecutor in FIA Lahore court has been removed, DG FIA Sanaullah Abbasi and director Rizwan have also been removed, Have you read suo motu’s background?
The Chief Justice said that the DG FIA had barred an investigating officer from appearing in the case of Hamza Shahbaz. There should be no interference in the prosecution branch and the investigation process.
Justice Umar Ata Bandial said that he wanted to know the reasons for removal of prosecution officers. DG FIA was from Sindh, he was doing a good job while Sanaullah Abbasi was also performing well in KP, DG FIA Sanaullah Abbasi was an officer with good reputation, he further added.
The Chief Justice of Pakistan remarked that he has been watching the news for two months now. According to the newspaper reports, more than 3000 people will benefit from the change in ECL policy. Want to know how the people in ECL are being benefited?
The Supreme Court issued notices to the DG FIA and Chairman NAB seeking written replies and said that all the concerned officers including the prosecutors of NAB and FIA should respond in writing and all concerned officers should respond to the allegations leveled against them.
The Supreme Court said that it should be stated on what basis the appointments and transfers of investigating officers in the cases of Shahbaz Sharif and Hamza Shahbaz were made. The rule of law is being affected in these cases.
The Chief Justice said that maintaining peace and trust in the society is the responsibility of the Supreme Court under the Constitution, The rule of law must be upheld.
The Supreme Court restrained the prosecution from withdrawing high profile cases and adjourned the hearing of the suo motu notice case till next week.
In addition, the Supreme Court has also sought a list of persons who have been expelled from the ECL in the last six weeks and has also banned all kinds of appointments and transfers.
