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SC Registrar oversteps jurisdiction
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Visits
2193
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Visits
2193
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Visits
2193
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Visits
2193
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Visits
2193
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Visits
2193
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June 22, 2012
In a sheer case of over stepping jurisdiction, Supreme Court of Pakistan Registrar Dr Faqir Hussain has directly approached companies that provided services to Dr Arsalan, seeking their tax returns and verification of receipts.
According to well-placed sources told Online, the companies that provided services to Arsalan, allegedly on Malik Riaz’s expense, received multiple emails from the Registrar last night.
“The emails from Dr Faqir remained pouring in till 3:30 am,” said a source in one of these companies. These mails were perturbing as “he (the Registrar) was asking about our tax returns and details of postings of income from Arsalan in our accounts,” he added.
“From the text of the emails, the Registrar appeared to be either in panic or simply unaware of his attempts replicating ‘coram non judice’. Before righting to us, the apex court’s administrator must know that businesses based or operating in London are protected under the Data Protection Act, especially in matters related to personal finances.”
“Even if a London-based authority or investigator intended to inquire about the details of some personal expenses from a bank or a hotel, it needs to go through a high court judge or Crown Court Judge,” a local attorney told Online. The way in which apex court’s Registrar has moved is tantamount to be contamination of the evidence.
The sources said the said companies were not answerable to the Registrar of Supreme Court and they would contact their counsels through their respective governments at the earliest.
It may be mentioned here that Malik Riaz, during his press conference, had presented the receipts of the companies/business concerns that provided services to Arsalan Iftikhar, as evidence. These included Hellen Park Hotel London, Habib Bank A.G. Zurich London, Marriot Hotel and the company which rented out Range Rover to Arsalan.
The Supreme Court is not authorised to probe against anybody, whereas the inquiry from its Registrar has flared up apprehensions among the legal and constitutional circles of the country.
Malik Riaz has submitted record comprising 83 pages in Supreme Court, highlighting that a total of Rs340.25 million were incurred on three tours of CJP’s son to London.
Meanwhile, Chief Justice Iftikhar Mohammad Chaudhry Wednesday granted another two-year extension in the service of Supreme Court Registrar Dr Faqir Hussain.
“Chief Justice re-employed Dr Faqir Hussain, as registrar (of) Supreme Court for a period of two years with effect from March 25 on usual terms and conditions,” an announcement by the apex court said.
Mr. Hussain had told a section of press on Tuesday that March 24 would be his last day in office.
Dr Hussain retired from service in March 2010 when he got his first extension for two years.
An order passed by the chief justice said: “Dr Hussain, the incumbent registrar of the Supreme Court, is a person of high integrity, moral calibre and qualification. He carries MA and LLB degrees from University of Peshawar, LLM degree from the University of London, PhD in Constitutional Law from the University of Peshawar, and has completed Post Doctoral Fellowship from the University of London.
“Dr Hussain’s re-employment due to non-availability of suitably qualified/experienced staff does not infringe upon the promotional prospects and rights of the other officers.”
The order said the chief justice discussed the issue with four other judges of the apex court who said he should be given another extension. It said the option of hiring services of an official from any other department on deputation was also considered.
“But this option could not be exercised in view of the fact that any new officer will take time to get acquainted with the complex working of the apex court of the country. No right of promotion of any officer of the Supreme Court is being affected because currently there is no officer in BPS-21 in Supreme Court establishment,” the order stated, adding that the extension in period of re-employment of Dr Hussain was in line with the relevant government rules and judgment of apex court in PLD 2011 SC 277.
Dr Hussain served as registrar throughout with Chief Justice Iftikhar Mohammad Chaudhry from July 1, 2005 to March 9, 2007. He left the post on March 9, 2007, when a reference was filed against the CJ.
He was again appointed on July 20, 2007, when Justice Iftikhar Chaudhry was restored under a judgment of the apex court. With the promulgation of Provisional Constitution Order (PCO) on Nov 3, 2007, and deposition of CJ and other 60 judges, Dr Hussain was reverted to his previous position of law secretary.
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