Supreme Court decided on Wednesday decided to conduct his trial under Article 62(1)(f) of the Constitution, in the case pertaining to the transfer of Islamabad IGP Jan Muhammad.
A three-judge bench, headed by the Chief Justice, heard the suo motu case of the Islamabad IGP’s transfer. The CJP remarked, “We have read Swati’s reply. You (Swati) 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?”
He then turned to the Islamabad IGP and remarked, “You did not take any action on this matter.” The IGP responded, “Action was not taken as the case is being heard in court.” The CJP said, “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.”
He asked the Supreme Court Bar Association (SCBA) President Amanullah Kinrani, “On whose behalf are you appearing (in court) and what is your relation with the case?” Kinrani responded, “I am here in my personal capacity as Swati’s former colleague.”
He also requested the court to not conduct the federal minister’s trial under Article 62(1)(f) of the Constitution and said the court should forgive him as he has learnt. However, the CJP said, “He will learn when he is sentenced. Tell us should we conduct the trial under Article 62(1)(f) here or should we transfer it?”
At this, Swati’s counsel said the 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.”
The Chief Justice said, “If there is no such example, then we can set it. Swati should have sacrificed on moral grounds following the JIT report. We do not want money from Swati even for the dams fund. We will not even take Swati’s money for national interest.”
The attorney general informed the court the NAB laws do not apply on Swati. The Chief Justice said, “We will appoint court advisers to investigate (the matter) under Article 62(1)(f).” The court appointed Advocate Khaled Javed Khan and Faisal Siddiqui as court advisers. The hearing was then adjourned till December 24.
A three-judge bench had taken suo motu notice of Islamabad IGP Jan Muhammad’s abrupt transfer last month. The IGP was transferred on October 27 after he refused to take action on a complaint by the son of Swati regarding a fight over purported encroachment with a family at their farmhouse.