IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
PRESENT: 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE KHILJI ARIF HUSSAIN 
 
Suo Moto Case No. 18 of 2010 
(Suo moto action regarding violation of Public 
Procurement Rules, 2004 in procurement loss of 
billions of rupees to public exchequer caused by 
National Insurance Company Ltd.) 
 
 
On Court Notice 
 
Maulvi Anwar-ul-Haq, AGP 
 
 
 
Captain (R) Zafar Ahmed Qureshi, 
Additional D.G. FIA. 
 
 
Date of Hearing:  
 
07.07.2011 
 
ORDER 
 
 
 
Learned Attorney General placed on record the 
following:- 
 
 
(i) 
Notification dated Ist of July, 2011, a perusal 
whereof 
indicates 
that 
members 
of 
the 
investigation team working under the supervision 
of Captain (R) Zafar Ahmad Qureshi, Additional 
Director General, FIA, were transferred to different 
places. It is worth noting that Captain (R) Zafar 
Ahmad Qureshi and his team had succeeded in 
making breakthrough in the NICL scandal case as 
a result whereof Rs. 1.75 billions belonging to 
national ex-chequer had been recovered. They had 
also succeeded in collecting evidence to the effect 
that out of the alleged amount of NICL scam, a 
considerable amount has been deposited in the 
United Kingdom. They had collected this evidence 
Suo Moto Case No. 18 of 2010 
2 
through Mirza Sultan Baig, Deputy Director, FIA 
through Serious Criminal Issues Agency. 
No sooner the order was passed by this 
Court on Ist of July, 2011 suspending the 
notification dated 18th of April, 2011 in pursuance 
whereof Mr. Zafar Ahmad Qureshi, Additional 
Director General FIA was disassociated from the 
investigation, his team members were transferred 
although in the said order Director General FIA 
was directed “to extend all necessary assistance to 
Captain (R) Zafar Ahmad Qureshi for carrying out 
investigation of the cases registered at Lahore in 
respect of N.I.C.L scam and any other matter 
connected and related thereto in terms of earlier 
notification 
dated 
24.1.2011 
issued 
by 
the 
Establishment Division.” This order was dictated in 
the presence of Muhammad Azam, Director FIA 
and copy thereof was also served upon the 
Director General, FIA by the Implementation 
Branch of this Court. Despite of this, following 
persons out of the investigating team of Captain (R) 
Zafar Ahmad Qureshi have been transferred as per 
notification dated 1.7.2011:- 
 
(1) Dr. Javed Hussain, Deputy Director (BS-18). 
(2) Mr. Muhammad Ahmed, Assistant Director 
(BS-17). 
(3) Mr. Khalid Anees, Assistant Director (BS-17).  
(4) Mr. Muhammad Sarwar, Inspector (BS-16). 
 
Prima facie, we are of the opinion that 
transfer of above named officers had taken place 
in order to undermine the authority of this Court 
and to influence the course of investigation which 
Suo Moto Case No. 18 of 2010 
3 
is in clear violation of the directions of this Court. 
Had the transfer of those officers taken place in 
the ordinary course of manner, we would have not 
questioned the same but in the background of the 
case, details of which have been mentioned in the 
earlier order dated Ist of July, 2011, it seems that 
in order to prevent those officers from performing 
duties according to their conscience, with honesty 
and dedication and in order to keep them away 
from the NICL scam, they were transferred. 
We, therefore, direct the Director General, 
FIA, through learned Attorney General, to reverse 
the 
transfer 
orders 
of 
the 
afore-named 
officers/members of the investigating team of 
Captain (R) Zafar Ahmad Qureshi immediately and 
post them at the places where they were earlier 
performing their duties, pending decision of this 
matter. 
(ii) 
Learned Attorney General has also placed on 
record order of suspension of Captain (R) Zafar 
Ahmad Qureshi dated 4th of July, 2011 and as 
directed also provided copy of explanation dated 
2nd of July, 2011, in pursuance whereof Captain 
(R) Zafar Ahmad Qureshi was called upon by the 
Joint Secretary (Establishment) to explain within 
24 hours of the receipt of explanation about the 
allegations that he had written a letter to Director 
General FIA to the effect that transfer order of 
various officers of FIA by him are irregular and 
illegal and had asked the Director General, FIA to 
withdraw the said order forthwith. It was further 
alleged in the letter dated 2.7.2011 that this news 
was also flashed in the electronic media on the 
evening of 2nd of July 2011 but he failed to 
Suo Moto Case No. 18 of 2010 
4 
contradict the same giving the impression that the 
said news reports were correct. Mr. Zafar Ahmed 
Qureshi was directed to submit his explanation 
within 24 hours whereas under the E&D Rules, 
1973, such explanation is to be called for by a 
competent authority or an authorized officer 
within the minimum period of seven days and 
maximum 14 days. 
At this stage, learned Attorney General 
submitted that the explanation was not issued 
under rule 6 of the E&D Rules, 1973, therefore 
compliance of this was not mandatory. However, 
explanation was called to know about the stand of 
the officer. 
This explanation was followed by suspension 
order of 4th of July, 2011. It seems, prima facie, 
that an attempt has been made not to allow Mr. 
Zafar Ahmed Qureshi to continue the investigation 
of the case of NICL inasmuch as the accused 
persons who are outside the country have not 
been brought back as yet nor interim challans 
against them have been submitted in those cases, 
nor the alleged amount deposited by them outside 
the country has been brought back. In this 
scenario, Mr. Zafar Ahmed Qureshi was required 
to continue with the investigation of the case and 
also to further probe the matter in depth because 
allegedly in the province of Punjab, there is a scam 
of Rs. 5.00 billions and so far Rs. 1.74 billions 
have been recovered.  
It is also pertinent to note here that some of 
the reputed newspapers of print media including 
‘The News International’, ‘Dawn’, ‘Express Tribune’ 
and ‘The Nation’ etc had widely published this 
Suo Moto Case No. 18 of 2010 
5 
news. Some of the newspapers have also written 
editorials in this behalf, perusal whereof indicates 
that perhaps on account of some political 
intervention, action against Mr. Zafar Ahmed 
Qureshi had been taken and he was placed under 
suspension. There are also serious allegations 
against the Interior Minister to the effect that he 
had summoned the officer and, according to the 
reports in the newspapers, had given him 
following four options which allegedly are: 
(i) 
leave the country immediately; 
(ii) 
go on a long leave; 
(iii) 
tell the Supreme Court in writing that 
he 
cannot 
continue 
with 
NICL 
investigation for personal reasons; and 
(iv) 
if all the three are not possible then 
bail out Ch. Monas Elahi son of Ch. 
Pervez Elahi, the new coalition partner 
of PPP government. 
This news item was published in the ‘The 
News International’ on 5th of July, 2011. This 
statement was contradicted but ‘The News’ stands 
by its story. 
When we confronted the learned Attorney 
General with the above news material appeared in 
various newspapers, etc., he stated that some time 
be given to him to seek instructions. We have 
informed him that this is a very grave and serious 
matter and has its own repercussions and that 
this Court, otherwise, would be appointing some 
retired Judge of this Court or of the High Court 
who would probe in to the matter, record evidence 
and thereafter would give findings. 
Suo Moto Case No. 18 of 2010 
6 
Prima facie, we are of the opinion that a 
person who has stood for rule of law and has been 
performing his duties with commitment and 
dedication in compliance with the directions of 
this Court is being punished just for doing the 
right job. We enquired from the learned Attorney 
General as to whether any proceedings have been 
started against Mr. Zafar Ahmad Qureshi to which 
he stated that so far an authorized officer has 
been appointed and till he takes instructions, 
departmental proceedings against Captain (R) 
Zafar Ahmad Qureshi will not be undertaken. 
Order accordingly. 
 
 
The case is adjourned for 13th of July, 2011. 
 
 
CHIEF JUSTICE 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
7th of July, 2011. 
Khurram Anis