ISLAMABAD - The Supreme Court on Friday constituted a three-member Joint Investigation Team tasked to probe whether Jan Muhammad was transferred from the post of Inspector General of Police Islamabad by using political influence.

The JIT comprised Intelligence Bureau’s Ahmed Rizwan, Federal Investigation Agency’s Mir Waiz Niyaz and a representative from the National Accountability Bureau Islamabad or Rawalpindi.

The JIT will be headed by the senior-most officer among the three members. The top court has directed the JIT to submit its report within two weeks.

The JIT was also directed to probe the assets of Minister for Science and Technology Azam Swati, who allegedly played a key role in transfer of Jan Muhammad after scuffle with slum dwellers residing in his neighbour on issue the of a buffalo.

The top court has also directed the JIT to probe as to what circumstances led to the return of Swati from the United States.

The top court rejected the apology of Minister for Science and Technology Azam Swati. It also issued notice to Minister for Science and Technology to explain as to why he should not be proceeded under Article 62(1)(f). “There are court’s judgments on sagacity and honesty,” the top court observed.

The top court, however, has withdrawn its earlier order, wherein the notification of transfer of Jan Muhammad was suspended. The order is withdrawn after Jan Muhammad refused to serve as IGP.

Swati’s son had registered a case against the neighbours claiming they quarrelled with the former’s staff while encroaching upon the family’s land. On the scuffle, Swati had allegedly contacted IGP Jan Muhammad who did not pick his phone calls following which Jan Muhammad was transferred on verbal orders of Prime Minister Imran Khan.

The top court is examining the matter within the purview of Article 62 (1)(f) that whether Swati falls within the said article of the constitution.

A three-judge bench headed by Chief Justice Mian Saqib Nisar Friday resumed the hearing of suo motu regarding the transfer of Jan Muhammad on alleged political influence.

When the hearing commenced, Barrister Ali Zafar, appearing on behalf of Swati, contended that his client is tendering apology and written apology has been also submitted.  He also tried to convince the bench stating that his client expresses remorse on the unbecoming episode.

Chief Justice Mian Saqib Nisar reprimanded Barrister Ali Zafar saying the latter appears on behalf of every influential person. 

“Tell me for how many days your licence should be suspended,” the CJ asked the counsel, adding a JIT is being constituted by this court to probe the matter.

He further observed that the court is examining the matter keeping in view the Article 62(1)(f). The bench refused to accept the apology tendered by Azam Sawati.

The Chief Justice, however, remarked that this court has great respect for the Parliament but abuse of power will not be allowed. “We will never accept reconciliation between the parties through any mediation and arbitration,” chief justice further made it clear by indicating the settlement taken place between Swati’s son and poor neighbours.

 Chief justice then turned to Jan Muhammad and asked as to why he did not register an FIR. Jan Muhammad responded that he was abroad at the time of occurrence of the incident. 

During the hearing, Jan Muhammad expressed his inclination of giving up the charge, saying it is not possible for him to work keeping in view the current circumstances. Jan Muhammad stated that he will comply with the orders of transfer since he belongs to a disciplined force.

On this, the bench withdrew its earlier order, wherein his transfer notification was suspended. 

During the hearing, the CJ observed that that honest people are required to run the country.

During the hearing, the affected dwellers were also produced before the bench in the court room. 

One of the victims Niyaz Muhammad informed the bench that he is unprivileged and poor adding that unjust is done to him but he has forgiven Swati for the purpose of country.

Advocate General Islamabad Tariq Jahangiri informed the bench that the affected family was granted bail following out of court settlement. 

The Chief Justice expressed displeasure and remarked that settlement has taken place but the offence is against the state adding this court will probe the matter even if Swati is forgiven.

The CJ then inquired why the Capital Development Authority did not take action against illegal acquisition of land by Swati. 

Barrister Ali Zafar again argued saying that the clemency can be done as it is in accordance with the Shariah.

The CJ termed Islamic principles a precious gift of God. On the exploitation of Islamic principle, the CJ observed whenever there is nothing found, the Islamic principles are used. 

“This Court cannot keep quiet in case of suppression of poor,” observed chief justice adding that actions should not be taken in this way through phone calls. 

The CJ also inquired about police personnel who did not register an FIR against Swati’s staff.  

Deputy Superintendent of Police (DSP) of Shahzad Town informed the bench that he did not receive any complaint regarding such incident.  

Barrister Ali Zafar informed the bench that his client Swati has done Phd in law. 

The CJ asked if the affected family has any comparison with Swati and further questioned whether such people will run the country. “We being justices cannot tolerate such people,” he observed.

He further observed that it seemed that government machinery was used in the incident.  The bench remarked that the court will carry on its proceedings on the way in which IGP was transferred.