IGP transfer case: SC grills Swati, seeks details of minister’s assets
A three-judge bench headed by CJP Nisar heard a suo motu case on the transfer of the Islamabad IGP
October 31, 2018
ISLAMABAD: Chief Justice of Pakistan Justice Mian Saqib Nisar, while hearing a suo motu case regarding the transfer of Islamabad Inspector General of Police (IGP) Jan Muhammad, on Wednesday summoned federal ministers Fawad Chaudhry and Azam Swati and grilled them over their recent statements on the transfer.
A three-judge bench headed by Justice Nisar heard a suo motu case on the transfer of the Islamabad IGP. IGP Muhammad was transferred on October 27 after he allegedly refused action on a complaint by Federal Minister Senator Azam Khan Swati's son regarding an incident at the farmhouse which, the minister claims, led to three of his employees being injured.
During the hearing of the case, the chief justice said, “We will ask the Federal Investigation Agency to investigate the case.” Justice Nisar hinted that a joint investigation team may be formed to investigate the matter.
The bench also summoned the jail record and FIR that was lodged against the affected family which belonged to Bajaur Agency. Adjourning the hearing of the case till Friday, the court summoned the affected family and Islamabad IGP during the next hearing.
Cannot imagine committing contempt of court: Chaudhry
Attorney General of Pakistan Khalid Javed, secretary establishment and interior secretary appeared before the court for the hearing. Information Minister Fawad Chaudhry and Federal Minister Azam Swati also appeared in court after being summoned.
Turning to the information minister, the chief justice said, “Why did you issue a sarcastic statement about the court?”
As Chauhdry responded, “I cannot even imagine of doing so,” Justice Nisar asked him to explain what he had said. “Let’s hear from you what you had said. I had heard your statement and let’s plan the video clip of your speech in court.”
Chauhdry stated, “I highly respect the court. I do not have the guts to say anything about the court.”
Justice Nisar then asked, “Who issued the statement that if bureaucracy has to play the role then what was the point of elections?” The information minister said, “My statement was not directed at the court.”
Holding the Constitution book in the air, the top judge told Chaudhry, “Read the article immediately. In front of the court everyone is equal.”
The court then made Chaudhry’s clarification statement part of the court record.
Chaudhry then stated, “It is not appropriate that the IGPs do not answer phones of ministers nor return calls.” Justice Nisar asked, “So what if they are ministers? Are they above the law? What is the competition between a common man and a powerful minister? If you are insisting on your statement then we can look at it in terms of merit.”
However, the information minister said, “I am not insisting at all.” Justice Nisar then said, “We will separate your matter then.”
SC seeks Swati's asset details
Turning to Minister of Science and Technology Azam Swati, the chief justice remarked, “Will you fight the whole case on television?”
“You got the entire family, including women, arrested. Do those people have the same powers as you?” he asked the federal minister.
Swati then said, “I received a bomb threat and was warned that I will be blown up.”
Justice Nisar then asked the minister, “How much land do you own and have you illegally encroached on the land?”
The top judge ordered Swati to submit his and his children’s asset details and directed DG FIA to conduct an investigation.
Further, the court directed that a case be registered against Swati if the family lodges a complaint.
“Swati Sb you cannot handle your ego, you should have played the role of a bigger person in the fight,” the chief justice added.
“Are such people Sadiq and Ameen and do they have the responsibility to protect others,” the top judge further said.
Through this case we will decide how country will be run: CJP
Justice Nisar further remarked, “The last time we forgave Punjab CM Usman Buzdar because the government was new and we want the system to work. But now we will see where to implement Article762(1)(F).”
“Through this case we will decide how the country will be run,” he added.
It is the SC that sent a prime minister home: CJP
Earlier during the hearing, the bench took strict notice of the statements of the information minister and federal minister for science and technology and summoned them. The bench also directed the affected family to appear before court.
The chief justice also called for clips of Swati’s speech.
Justice Nisar remarked, “It was said that the Supreme Court cannot remove an IGP.” Holding the constitution book in the air, Justice Nisar remarked, “It is the Supreme Court that sent a prime minister home as per the Constitution.”
Stating that "there is no doubt that the prime minister is the chief executive", Justice Nisar lashed out at Chaudhry and said, “The information minister issued an irresponsible statement. Are such statements given? There is a limit to irresponsibility.”
“The information minister, who is a lawmaker, issued a statement that if an executive has to run the government then why were the elections held. Which institution was he digging at in his statement?” Justice Nisar asked.
“The information minister, who is a lawmaker, issued a statement that if an executive has to run the government then why were the elections held. Which institution was he digging at in his statement?” Justice Nisar asked.
The top judge continued, “The interior secretary was not aware that the prime minister also holds the portfolio of interior minister. Your minister says they will do as they please, we will see how he does this.”
“A cow entered Swati’s farmhouse, what was the big deal? Children were arrested and put behind bars and then on TV he stated that he will clarify his position,” Justice Nisar added.
Further, he said, “What kind of things is the information minister saying. He is also a lawmaker.”
At this, Fawad Chaudhry’s brother, Faisal, who was present in court said, “He [information minister] did not mock the court.”
The chief justice then said, “Call for the tape of information minister’s speech from Geo and other channels.”
“Chaudhry is a representative of the state. Are state representatives like this?” he asked.
Report on IGP transfer submitted
Further, during the hearing the attorney general submitted a report regarding the transfer of the Islamabad IGP.
State Minister Sheheryar Afridi asked the prime minister to remove the Islamabad IGP and a few days earlier Finance Minister Asad Umar had also called for his transfer, the attorney general said.
“The ministers were not satisfied with the IGP’s performance,” the attorney general said. “It was under the Islamabad IGP that crime and drug peddling increased in the capital.”
“The prime minister ordered that a summary for Jan Muhammad’s transfer be prepared,” the AGP further told the court.
At this, the chief justice asked, “Which volcano erupted that such immediate measures were taken against the IGP?”
The AGP responded, “The premier had already summoned names for a replacement IGP from the principal secretary. Nasir Durrani had been told to suggest names in keeping with the government’s vision. Interviews for the next IGP started on September 19.”
“Two officers had been interviewed for the post,” the bench was further told.
Justice Nisar then remarked, “You are saying that the Islamabad IGP had been appointed by the caretaker government and you had to replace him. But in Punjab, you replaced an IGP that had been appointed by you and Nasir Durrani has resigned.”
We can see your performance, CJP tells AGP
The chief justice then told the AGP, “We can see your performance.”
The AGP then said, “It is correct that the prime minister issued verbal orders following Swati’s complaint. The establishment secretary immediately prepared a report and forwarded it after which the premier gave approval for the Islamabad IGP’s transfer.”
At this, Justice Ijazul Ahsan remarked, “The IGP was transferred on October 27 but the verbal orders were confirmed on October 29. The IGP had been transferred before the summary was approved.”
However, the attorney general stated, “A per Rule V,11A, the premier can issue verbal orders.” The chief justice then said, “The rule only applies in emergency situations, this is your fairytale.”
Justice Sajjad Ali Shah then asked, “What were the complaints against the Islamabad IGP?”
Further, Justice Ahsan asked, “If interviews had been conducted and a candidate had been selected then what was the need for the emergency?”
“The transfer could have been as per routine. But are issuing verbal orders, sending people home or making arrests the rule of the law?” Justice Ahsan added.
SC suspends notification of IGP's transfer
The Supreme Court of Pakistan on Monday suspended a notification regarding the transfer of Islamabad IGP Jan Muhammad after officials said he was transferred on the verbal orders of Prime Minister Imran Khan.
Fawad Chaudhry's statement
A day earlier, Chaudhry had said IGPs are answerable to the prime minister and chief minister and questioned "what the point of elections is" if the premier cannot suspend a police chief.
Speaking to the media in Islamabad, the information minister commented on the transfer of Islamabad IGP Jan Muhammad and said, "There were multiple complaints against him and he was not cooperative."
“The prime minister and chief minister have executive powers which they will use,” the information minister had asserted. “It is not possible that IGPs, deputy commissioners or others are not answerable to the premier.”
