Hearing a case pertaining to the transfer of Islamabad Inspector General of Police (IGP) Jan Muhammad, Chief Justice Mian Saqib Nisar Wednesday remarked that the Supreme Court will conduct Minister for Science and Technology Azam Swati’s trial under Article 62(1)(f) of the constitution.
As the hearing by a three-member bench started, the chief justice remarked, “We have read Swati’s reply.” Turning to the federal minister, the chief justice said, “You are a person of authority. Do people in power treat their subordinates like this? Do rulers send women to jail because of issues involving cows?”
The chief justice then turned to the Islamabad IGP and remarked, “You did not take any action on this matter?” To this, the Islamabad IGP responded, “Action was not taken as the case is being heard in the court.”
The chief justice remarked, “Why don’t we make an example out of Swati. Now, the court will conduct his trial under Article 62(1)(f) of the constitution.”
“On whose behalf are you appearing and what is your relation with the case?” the chief justice asked Supreme Court Bar Association (SCBA) President Amanullah Kinrani. “I am here in my personal capacity as Swati’s former colleague,” Kinrani responded. He also requested the court to not conduct the federal minister’s trial under Article 62(1)(f) of the constitution. “The court should forgive him, he has learnt a lesson now,” he added. However, the chief justice said, “He will learn when he is sentenced.”
The chief justice further questioned, “Tell us, whether to conduct the trial under Article 62(1)(f) of the constitution here or should we transfer the case?”
At this, Swati’s counsel said, “JIT report is based on allegations and thus an inquiry cannot be conducted under Article 62(1)(f).” The counsel added, “There is no example of a trial under Article 62(1)(f) on the basis of a JIT report.” To this, the chief justice said, “If there is no such example then we can set it.” The top judge added, “Swati should have sacrificed on moral grounds following the JIT report.” “We do not even want money from Swati for the dam fund. We will not even take Swati’s money for national interest,” the chief justice further said.
The attorney general then informed the court, “NAB laws do not apply on Swati.” In response, the chief justice said, “We will appoint court advisers to investigate him under Article 62(1)(f).” The court then appointed Advocate Khalid Javed Khan and Faisal Siddiqui as court advisers. The hearing of the case was adjourned till December 24.
Published in Daily Times, December 6th 2018.
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