 
 
 
IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
 
Present 
 
 
 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.  
 
 
 
Mr. Justice Muhammad Sair Ali 
 
 
 
Mr. Justice Ghulam Rabbani 
 
 
 
Mr. Justice Khalil-ur-Rehman Ramday 
 
SMC NO. 18 OF 2010 
 
ACTION REGARDING VIOLATION OF PUBLIC 
PROCUREMENT RULES, 2004 IN PROCUREMENT 
LOSS OF BILLIONS OF RUPEES OF PUBLIC 
EXCHEQUER CAUSED BY NATIONAL INSURANCE 
COMPANY LTD. 
 
On Court notice:   
 
Moulvi Anwarul Haq 
 
 
 
 
 
Attorney General for Pakistan  
 
For NICL:   
 
 
Mr. Abdul Hafeez Pirzada, Sr. ASC 
 
 
 
 
 
Mr. Tariq Iqbal Puri, CE TDAP  
 
 
 
 
 
Acting Chairman, NICL 
 
For M/o Commerce: 
 
Mr. Zafar Mehmood, Secretary 
 
 
 
 
 
 
For M/o Interior:  
 
Mr. Qamar Zaman Ch, Secretary 
 
For the FIA:  
Mr. zafar Iqbal Qureshi, Addl. Director  
 
 
 
 
 
Mr. M. Azam Khan, Director (Law) 
 
 
 
 
 
Mr. Moazzam Jah, Director, Karachi  
Mr. Basharat Shehzad, Dy. Dir/IO 
 
 
 
 
 
Mr. Muhammad Ahmad, Asstt.Dir/IO 
 
For Athar Naqvi:  
 
Syed Iftikhar Hussain Gillani, Sr.ASC  
 
For Casa Bella: 
 
 
Ms. Romaisa Ahmad 
 
For Naveed Zaidi:  
 
Nemo 
 
For Hur Riahi:  
 
 
Nemo 
 
For NAB: 
 
 
 
Mr. Muhammad Akbar Tarar, Acting PG 
 
 
 
 
 
Mr. Fauzi Zafar, DPGA 
 
 
 
 
 
 
Date of hearing 
 
: 
25.01.2011 
…….  
O R D E R 
 
 
Ch. 
Qamaruzzaman, 
Secretary, 
Ministry 
of 
Interior, 
Government of Pakistan has placed on record the notification dated 
SMC 18/2010 
2 
24.01.2011, issued by the Government of Pakistan whereby Capt. 
(Retd.) Zafar Ahmed Qureshi, Managing Director, National Police 
Foundation has been appointed as Additional Director General, FIA in 
addition to his present assignment with immediate effect till further 
orders to supervise investigation of the NICL case at Lahore.  
2. 
 
It is to be noted that during the period when he was 
supervising the investigation and the investigation was likely to make 
effective progress, he was abruptly transferred on the pretext that 
after his promotion in Grade 21 he could not continue as a Director 
over there, but we feel that this device was adopted with a mala fide 
intention otherwise by an identical notification as has now been issued, 
the authorities could have allowed him to continue with the 
investigation of an important case, involving a huge public money, 
which has allegedly been looted.  
3.  
 
Mr. Zafar Ahmed Qureshi is present. He has explained the 
progress made by him so far in the investigation of the case. When 
inquired as to why he is not treating all the accused persons at par 
because one of the Directors of NICL, Amin Qasim Dada has not been 
arrested whereas remaining Directors have already been taken in 
custody of the FIA, he answered that despite his best efforts he was 
not allowed to do it. He stated that whenever any person is required 
from Lahore where he is posted as a Director, the needful is done, but 
when he had gone to Karachi and contacted Moazzam Jah, Director 
FIA over there in connection with the arrest of Amin Qasim Dada, 
Moazzam Jah told him that Amin Qasim Dada used to sit with DG, FIA 
in his camp office, therefore, how he could cause his arrest. On Court 
query, the Director FIA, Karachi, who is present, stated that 4-5 days 
before the registration of the case and after the order had already 
SMC 18/2010 
3 
been passed by this Court, Amin Qasim Dada was present with the 
DG, FIA. Be that as it may, DG, FIA is equally responsible for not 
causing his arrest. It seems that instead of allowing his Director to 
make progress in the case, he is providing shelter to the accused 
persons; therefore, we direct the Additional Director General, FIA, 
Zafar Ahmed Qureshi to take all necessary steps for causing his arrest 
and if on a further probe he comes to the conclusion that the accused 
is being given shelter by the DG, FIA, then he should proceed against 
the DG too in accordance with law because no one is above the law. 
He further explained that all efforts shall be made to explore the 
possibility as to how the Government money was taken out of the 
accounts of the NICL, where the same was spent and in whose 
accounts the same was deposited. In this behalf, he has particularly 
made reference to the case of M/S Al-Tahoor Co., whose Manager 
Abdul Maalik has already been arrested and stated during interrogation 
that the account was opened in Allied Bank Ltd, Airport Road Branch, 
Lahore in the name of one Adil Manzoor whose name/NIC was used 
but when said Adil Manzoor was interrogated, he stated that he had no 
knowledge of the same, but according to the statement of Manager 
Abdul Maalik, an amount of 22 crores of rupees has been given to 
Moonis Elahi. According to him, as progress was being made in the 
meanwhile, he was transferred and made under orders of DG 
(Waseem Ahmed) to relinquish the charge immediately. Be that as it 
may, Zafar Ahmed Qureshi has now again been posted as Additional 
Director General, FIA, therefore, he would be supervising investigation 
of the case pertaining the persons concerned.   
4.  
 
Director Moazzam Jah also gave progress report, which 
does not seem satisfactory as no step has been taken by him as well 
SMC 18/2010 
4 
to cause arrest of the accused persons, who had left the country 
inasmuch as Amin Qasim Dada, who was available in Karachi and 
according to his information he was sitting with DG, FIA after passing 
of order by this Court, he ought to have taken necessary steps to 
cause his arrest. Similarly, he had taken no steps to recover the 
amount from the account of Ayaz Khan except making attachment of 
the property but making no probe in the matter thoroughly fixing the 
responsibility upon the accused persons, which indicates that the 
investigation is not being carried out honestly, fairly and properly. 
However, we may give him another chance to proceed with the matter 
strictly in accordance with law and submit report on the next date of 
hearing in this behalf.  
5. 
 
The Secretary Commerce has stated that he has sent a 
letter to the Auditor General of Pakistan to conduct special audit of the 
NICL.  
6. 
 
The report submitted by the Secretary Interior is also 
placed on record.  
7.  
 
Adjourned to 01.02.2011 when the Additional Director 
General, FIA, Lahore and Director, FIA, Karachi shall attend the Court 
and submit their reports.   
 
   
 
 
 
 
 
 
 
CJ.  
 
 
 
 
 
 
 
 
 
 
 
  J.  
 
 
 
 
 
 
 
 
 
 
 
  J.      
 
 
 
 
 
 
 
 
 
 
 
  J.      
Islamabad, 
25.01.2011 
