REFERENCE / COMPLAINT NO. 8/2006

Reference dated July 27, 2006 – Wasi Zafar


The Chairman
National Accountability Bureau
Islamabad.

Pakistan Peoples Party………………………………………COMPLAINANT

VS

Mr. Wasi Zafar
Federal Minister for Law, Justice & Human Rights
Pakistan Secretariat, Islamabad. …………………………ACCUSED / RESPONDENT

Subject: COMPLAINT UNDER SECTION 5 AND 18 (B) SUB SECTION-II OF THE NATIONAL ACCOUNTABILITY BUREAU (NAB) ORDINANCE 1999, AGAINST THE HOLDERS OF PUBLIC OFFICE FOR PUNISHMENT UNDER SECTION 10 OF NAB ORDINANCE 1999 FOR CAUSING HUGE FINANCIAL LOSS TO THE NATIONAL EXCHEQUER BY CORRUPTION AND CORRUPT PRACTICES

FACTS AND GROUNDS:
1. That the respondent was deeply involved in misusing power as Federal Minister for Law, Justice & Human Rights for mistreating a senior female officer of BPS 21, Saira Karim after the said officer refused to approve millions of rupees for 560 applications of Minister’s constituency in the name of victims of human rights violations.

2. That it was astonishing to know that the respondent had reported 560 cases of human rights abuses in his own constituency and wanted to pay millions of rupees from the funds being maintained in his Ministry for human rights abuses.

3. That this was a sad day in the history of Pakistan that a woman officer, who refused to allow the respondent to misuse the funds, was made a horrible example by punishing the officer, instead of showing respect to her for being upright and honest.

4. That it was a question to which the respondent should be asked to give an answer as to why such a huge number of human right abuses had been reported only in his own constituency.

5. That earlier it was reported that the woman officer in BPS 21 was facing dismissal from service after she defied respondent’s orders to make payment on fictitious claims of human rights abuses. The respondent was advised by officials of his Ministry that he was not authorised to remove a BPS 21 officer.

6. That after the payment of funds was resisted, the respondent summoned the women officer and snubbed and charged her of collecting evidence against the respondent. The said women officer met Secretary Establishment Division and got herself transferred to Establishment Division. But fearing that the non-payment issue could explode and create trouble for the whole Ministry of Law, Justice & Human Rights, the woman officer was brought back to the Ministry and was given the charge of the same section dealing with payments to the victims of the human rights abuses. All these actions could not satisfy the furious respondent and he directed the Secretary, Ministry of Law, Justice and Human Rights, Mr. Mansoor Ahmad Khan (appointed on contract basis after retirement) to proceed against the woman officer.

7. That the Secretary Mr. Mansoor Ahmad Khan immediately obliged the respondent and ordered to probe against the woman officer for “collecting documentary evidence against the respondent”. Meanwhile all the applications from the respondent’s constituency (Jarranwala) were in the custody of Secretary Mr. Mansoor Ahmad who is pushing the woman officer to reconsider her earlier decision.

The above facts have been published in the daily “The News” dated 17-6-2006 (Press clipping attached for ready reference)

The respondent in this complaint does fall within the ambit of NAB Ordinance 1999 for the purposes of investigation, trial and punishment.

The respondent is reportedly guilty of misusing power and corrupt practices as a Federal Minister for Law, Justice and Human Rights, abuse of power as defined in Section 9 of the NAB Ordinance 1999 and as such is subject to punishment under Section 10 of the NAB Ordinance 1999 based upon the above facts and grounds:

CONCLUSION:
Based on the above facts and grounds, respondent has shown willful indulgence in corrupt practices under Section 9 of the NAB Ordinance 1999. Such a person is subject to punishment under Section 10 of the NAB Ordinance 1999.

As such the Chairman of the National Accountability Bureau is called upon to initiate investigation in connection with matters set out hereinabove and further proceed to file a Reference against the respondent for violating the provisions of Section 9 of the NAB Ordinance punishable under Section 10 of the NAB Ordinance in a competent court of law and proceed against him for violating Section 9 of the NAB Ordinance 1999.

Complainant

Pakistan Peoples Party

Through:

Shabir Abassi
Advocate

Dated : Islamabad : 27 July 2006

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Senators blast Wasi for victimising female officer
The NEWS dated 17 June 2006

ISLAMABAD: Senators blasted Federal Minister for Law, Justice and Human Rights Wasi Zafar here on Friday for mistreating a senior female officer of BPS 21, Saira Karim, after she refused to approve millions of rupees for 560 applicants of his (minister’s) constituency in the name of victims of human rights violations.

The Senate was surprised to know that the human rights minister himself had reported 560 cases of human rights abuses in his own constituency and wanted to pay millions of rupees from his ministry’s human rights fund.

Surprisingly, there was a consensus among the senators against the law minister’s highhandedness, as neither his fellow ministers nor the ruling party senators deemed it fit to defend Wasi when he came under fire for misbehaving with the woman officer after she refused to give aid to these 560 applicants.

Wasi was not present in the Senate when the angry senators delivered strong-worded speeches. The senators observed that after the ordeal of Saira Karim no bureaucrat would dare resist the “corrupt” ministers. The Senate witnessed an uproar when Senator Never Baig read out contents of The News story published on Friday that how a woman officer was made a horrible example by the law minister after she refused to approve funding for 560 applicants of his constituency in the name of human rights aid.

Deputy Chairman Jan Mohammad Jamal was presiding over the session in the absence of Chairman Muhammadmian Soomro, who is currently acting as President of Pakistan. “This is a sad day in the history of our country that a woman officer, who refused to allow the law minister to misuse the funds, has been made a horrible example instead of being shown respect,” observed Senator Never Baig, who stood up to blast the minister for punishing the woman officer.

“Will the law minister give details of human rights violation cases in his own constituency,” asked Baig. “It’s simply shocking that such a big numbers of cases of human rights abuses had only been reported in the constituency of the law minister,” Baig said.

Earlier, it was reported that the senior woman officer of BPS 21, Saira Karim, was facing dismissal from service after she defied Law Minister Wasi Zafar’s orders. Baig wondered how could a law minister, who is supposed to take care of the human rights issue, misuse funds meant for human rights!

He also expressed his shock over the reports about the plight of the officer. Baig said a woman officer should have been shown more respect by a minister, who had been facing a lot of criticism for his arrogant way of dealing with the people.

Senator Rukhsana Zuberi also stood up and said it was quite unfortunate that a woman officer had been dealt with in an objectionable way for refusing to allow a malpractice and now she was facing investigation. She demanded the government give an assurance to the Senate that no harm occurs to the woman officer, who was being investigated rather than being appreciated.

Background: According to available official copy of names and addressed along with the identity cards, the victims of human rights hail from Tehsil Jaranwala, district Sheikhpura, and adjoining areas.

Interestingly, the law minister ordered removal of the officer from service, which under the law, only the President of Pakistan can order. But, later he was corrected by his ministry officials that he was not authorised to remove a BPS 21 officer.

He was advised to order a probe against the officer and then process her case for removal to the competent authority. He did the same. Saira is presently on “medical leave”. When The News contacted her, she refused to make any comment on the issue saying she was not authorised to comment. Rather, she stressed not to publish any report about her ordeal.

Earlier, after facing “humiliation and mistreatment” at the hands of law minister, the hurt woman officer got herself transferred to the Establishment Division where she was given an assignment. But, to her surprise, she came to know that in her absence an inquiry was launched against her on the charges that she was “collecting evidences against the law minister”.

Sources said, actually a fund was established in the Law Ministry to help individual victims of human rights abuses in the country. This year, a total of 590 applications from different parts of the country were received in the ministry for aid. But, later, it was revealed to Saira, who heads the committee which approves such cases, that 560 applicants were from Jaranwala – the constituency of the law minister. While from rest of Pakistan only 30 applicants applied. So she refused to approve the applications for understandable reasons as she said it might become a problem for her to defend the approval.

After her refusal, she was summoned by the minister who reportedly “snubbed” and charged her of collecting evidences against him. After receiving such treatment, Saira met Secretary Establishment Tariq Bokhari and requested him to transfer her. Bokhari appointed her in the Establishment Division.

But, fearing that issue might explode and create troubles for the whole ministry, she was brought back and was given the same section. All these happenings could not satisfy a furious minister, as he directed the Secretary Law Justice Mansoor Ahmad Khan to proceed against the lady officer.

Mansoor immediately obliged his minister and ordered a probe against the officer for “collecting documentary evidence against the minister”. Meanwhile, all the applications from Jaranwala were in the custody of Mansoor who is pushing Saira to reconsider her earlier decision.

When contacted by The News, Bokhari refused to talk on the issue saying: “Look, you are a journalist and don’t you know that you shouldn’t have approached me for comments but our spokesman,” he said.

And spokesman Malik Arshad was not available for comments. Mansoor while talking to The News only gave a one-line comment: “Listen, this is not true, any other question?” Meanwhile, repeated efforts to contact the law minister remained vain, as his private secretary Matloob told that he was not available.

The matter has already been brought into notice of Prime Minister Shaukat Aziz by an MNA Ali Ahsan Gilani. Principal Secretary to Prime Minister Javed Malik has also talked to the lady officer to reassure her that “justice would be delivered” but the officer still remained under fire.