Islamabad: In light of the report submitted by the Joint Investigation Team (JIT) in a case regarding misuse of power and authority by a Federal Minister Azam Khan Swati, Chief Justice Saqib Nisar on Wednesday declared he could be tried under Article 62 (1) (F) of the Constitution, which deals with disqualification of a Member of Parliament.
The three-member bench that was headed by the Chief Justice also examined the reply by Azam Swati through his counsel and said the court would appoint assistants to help the court in the proceedings under the article and see whether it was applicable to his case.
“Is it appropriate for a ruler or his minister to get poor women arrested over a minor thing,” asked the top judge of the country.
To this, Swati’s counsel objected by saying the JIT report was based merely on charges and the case could not be preceded under Article 62 (1) (F) as there was no prior precedence.
The Chief Justice remarked that proceeding under the Article 62 (1) (F) would create awareness and the minister would realise he should have shown some mercy and magnanimity for the poor and the needy persons.
“We will make this case an example for others,” remarked the Chief Justice. The court then adjourned hearing until December 24.
Last month, a joint investigation team, probing the matter of former Islamabad Police chief’s transfer for not attending the phone call of a federal minister, submitted its report to the apex court.
It all began when a cow of a poor displaced family from Bajaur living next to Azam Swati’s farmhouse in Islamabad entered his garden.
This offended the minister’s men to the extent that they attacked the family’s house and later the minister and son also got involved in it and directed the police chief to arrest the entire family.
However, IG Islamabad Police Jan Mohammad didn’t respond to his phone call and, Swati, irritated by his ‘poor response’, complained to the Prime Minister and got him transferred.
Swati however denied in the Supreme Court he was behind the transfer of the IG Police.
Chief Justice Nisar taking suo moto of the matter earlier suspended the IGP’s transfer and summoned all the parties including Bajaur family, the Minister and the IGP.
On this Swati not only withdrew their complaint but also struck a compromise with the Bajaur family and submitted an apology in the court. The court, however, rejected the apology saying a JIT would probe the transfer of the Islamabad police chief.