In the Supreme Court of Pakistan 
(Original Jurisdiction) 
 
 
 
 
 
Present: 
 
 
 
Mr. Justice Iftikahr Muhammad Chaudhry, CJ 
 
 
 
Mr. Justice Javed Iqbal 
 
 
 
Mr. Justice Raja Fayyaz Ahmed 
 
 
 
Mr. Justice Anwar Zheer Jamali 
 
 
 
Mr. Justice Ghulam Rabbni 
 
 
 
Mr. Justice Khalil-ur-Rehman Ramday 
 
SMC No.24 of 2010 
(Regarding Corruption in Hajj Arrangements in 2010) 
 
Human Rights Cases No.57701-P, 57719-G, 57754-P, 58152-P, 
59036-S, 59060-P, 54187-P & 58118-K of 2010 
(Applications by Abdul Rasheed & others) 
 
On Court Notice: 
For Member of Committee 
of Parliamentarians 
: 
Nemo. 
For former Minister S&T 
: 
Mr. Afnan Karim Kundi, ASC with 
Senator Muhammad Azam Khan 
Sawati. 
For former Minister 
Religious Affairs 
: 
Sardar Khurram Latif Khan Khosa, ASC. 
Mr. Mehmood A. Sheikh, AOR. 
For M/o Religious Affairs 
: 
Mr. Shaukat Hayat Durrani, 
Secretary 
For former Secretary 
Religious Affairs 
: 
Mr. G.N. Gohar, AOR 
For Establishment 
Division 
: 
Mr. M. Ijaz Ghani, Dy. Secy. 
Mr. Muhammad Arshad, Dy. Secy. 
For NAB 
: 
Mr. Muhammad Akbar Tarar, Addl. PGA 
Mr. Fauzi Zafar, ADPGA. 
For FIA 
: 
Syed Jawed Ali Bukhari,  
Incharge Investigation. 
Mr. M. Azam Khan, Director (Law). 
Mr. Khizar Hayat, S.I Police with 
Rao Shakeel, former DG Hajj (in 
custody). 
In C.M.A No.218/2011 
: 
Mr. M. Ikram Chaudhry, ASc. 
For Tour Operators 
: 
Nemo. 
Date of hearing 
: 
20.1.2011. 
Suo Moto Case No.24 of 2010 
2 
 
Order 
 
 
 
Iftikhar Muhammad Chaudhry, CJ – Mr. Shaukat 
Hayat Durrani, Secretary, Religious Affairs has stated that 
complete arrangements have been made for disbursing the amount 
of SR 700 to each pilgrim and he has been ensured by the 
concerned Banks that task assigned to them shall be completed in 
a transparent manner and the aforesaid amount equal to Pakistani 
rupees, shall be ensured to be handed over to the pilgrims as early 
as can be possible. He has added that he himself is supervising the 
distribution of the money to them and has assured the Court that 
there shall be no complaint of mishandling etc. We appreciate the 
gesture shown by the Secretary as he has taken personal interest 
in obeying order the Court. However, he may procure a 
comprehensive report from the Banks, which shall be submitted 
after a period of one month to the Registrar for our perusal.  
2. 
Learned Attorney General placed on record 
following notification dated 15.1.2011, issued by the Government 
of Pakistan, Cabinet Secretariat, Establishment Division:- 
“No.12/309/80-E-3 (Police) 
Government of Pakistan 
Cabinet Secretariat 
Establishment Division 
 
Islamabad, the 15th January, 2010 
Notification 
Syed Jawed Ali Shah Bukhari, a BS-21 officer of the Police Service of 
Paksitan, presently posted as Officer on Special Duty (OSD), Establishment 
Division is transferred and his services are placed at the disposal of Federal 
Investigation Agency (FIA), under Ministry of Interior, with immediate effect 
and until further orders.” 
It is evident from the perusal of above notification that the services 
of Syed Jawed Ali Shah Bukhari (BS-21) have been placed at the 
Suo Moto Case No.24 of 2010 
3 
disposal of Federal Investigation Agency (FIA) under Ministry of 
Interior with immediate effect and until further orders. The above 
notification is followed by order dated 17.1.2011, issued by the 
Government of Pakistan, Ministry of Interior:- 
“No.7/138/2010-FIA 
Government of Pakistan 
Ministry of Interior 
***** 
Islamabad, the 17th January, 2011 
To, 
 
 
The Director General, 
 
 
FIA, Islamabad 
 
 
Pursuant to Establishment Division’s notification 
No.12/309/80-E-3 (Police), dated 15th January 2011, the services of Syed 
Jawed Ali Shah Bokhari, a BS-21 officer of the Police Service of Pakistan, 
have been placed at the disposal of FIA. 
2. 
He is hereby appointed as Incharge Investigation of Suo Moto Case 
No.24 of 2010 (Hajj scam) being heard in the Honourable Supreme Court of 
Pakistan. In performance of his duties, the officer will report exclusively to the 
Supreme Court of Pakistan through Attorney General of Pakistan. He is 
authorized to select an officer of his choice from any agency/department to 
conduct and complete the investigation.  
3. 
He is directed to start work immediately and report progress/seek 
further instructions from Supreme Court of Pakistan in the next hearing fixed 
on 20th January 2011.”. 
Again, perusal of above order indicates that Syed Jawed Ali Shah 
Bukhari has been appointed as Incharge of investigation of Suo 
Moto Case No.24 of 2010 (Hajj Scam). It is to be noted that on 
account of unsatisfactory performance by the incumbent Director 
General (FIA), who has been appointed on contract basis, he was 
asked to exercise the option either to disassociate himself with the 
investigation of the case or the Court will pass an order in this 
regard. Meanwhile he himself submitted an application and 
requested the Government to allow him to disassociate himself 
whereafter the above orders have been issued, but the above-noted 
notification and the order, both are not in accord with section 3(2) 
Suo Moto Case No.24 of 2010 
4 
read with sections 4 & 5(2) of the Federal Investigation Agency Act 
1974. For sake of convenience, these sections are reproduced 
herein below:- 
“3(2) The Agency shall consist of a Director-General to be appointed by 
the Federal Government and such number of other officers as the 
Federal Government may, from time to time, appoint to be members of 
the Agency. 
4. Superintendence and administration of the Agency.---(1) The 
superintendence of the Agency shall vest in the Federal Government. 
(2) The administration of the Agency shall vest in the Director-General 
who hall exercise in respect of the Agency such of the powers of an 
Inspector General of Police under the Police Act, 1861 (V of 1861), as 
may be prescribed by rules. 
5(2) Subject to rules, if any, a member of the Agency not below the rank 
of a Sub-Inspector may for the purposes of any inquiry or investigation 
under this Act, exercise any of the powers of an officer in charge of a 
police station in any area in which he is for the time being and, when so 
exercising such powers, shall be deemed to be an officer-in-charge of a 
police station discharging his functions as such within the limits of his 
station.” 
3. 
Needless to observe that in view of the importance 
of the case, which is based not only on the complaints of general 
public, who had gone to perform Hajj, but also on the 
recommendations 
of 
the 
representative 
of 
the 
public/ 
Parliamentarians, instant proceedings have been initiated. During 
the course of hearing, the then Minister for Religious Affairs has 
been removed alongwith another Minister, who had come forward 
and appeared before the Court to substantiate the allegations of 
corruption in the Ministry of Religious Affairs. Therefore, we were 
expecting that the Government of Pakistan would itself take all 
necessary steps to ensure transparent investigation in the case, to 
bring the accused persons to book, but we are constrained to 
observe that different devices are being adopted to hush up or 
Suo Moto Case No.24 of 2010 
5 
hamper the investigation of the case. In this behalf the notification 
referred to hereinabove clearly indicates that the Government has 
not realized so far the intention and object of conducting the 
investigation in a transparent manner, particularly so because on 
the basis of above notification and order no one, including the 
person appointed, would be in a position to legally exercise the 
jurisdiction in accord with the relevant provisions of law 
reproduced above, unless he is not made a member of the Agency 
(FIA). We feel no doubt in expressing that the above notification 
has either been issued intentionally or by a person who has no 
knowledge about the law, at all.  
4. 
Syed Jawed Ali Shah Bukhari, who is present, has 
stated that he himself expressed reservations vis-à-vis the above-
noted notification and order because without having been made a 
Member of the Agency it would not be possible for him to deliver. It 
is interesting to note that Syed Jawed Ali Shah Bukhari is a BS-21 
Regular Officer of the Police. Previously he had been working as 
PPO/IGP, Balochistan and now he has only been made Incharge of 
the investigation and his performance will be supervised in terms 
of section 4 of the Act 1974 by a person, who after attaining the 
age of superannuation has been appointed on contract basis. It is 
indeed very strange that in the disciplinary forces, particularly, like 
police and FIA where people have to work in well defined discipline, 
the persons supervising the forces have been permitted and are 
holding the charge on contract basis. It may not be out of context 
to note that in terms of the definition of section 2 (1) (b) (ii) of the 
Civil Servants Act 1973, a person who is employed on contract 
does not even fall within the definition of a civil servant, so his 
Suo Moto Case No.24 of 2010 
6 
authority to command and maintain discipline can well be 
imagined from the fact that if a person himself is not a Civil 
Servant, he is considered only bound by the terms and conditions 
of his contract and not by the  statutory law, because if any 
condition laid down in the contract is violative to statutory law, he 
would only be subject to action under the said contract.  
5. 
We have asked the learned Attorney General that 
it is in the interest of the Government to promote the junior 
officers, who are waiting for promotion and rather they should be 
encouraged instead of employing persons on contract basis unless 
their services are indispensable, particularly, with regard to 
disciplined forces like Police, FIA etc.  
6. 
This Court is fully conscious of its duty, which has 
to be discharged under the Constitution and when it is attempted 
to hush up the corruption cases, such as one under consideration, 
the Court can pass appropriate order as it has already directed, 
and it could also not be oblivious of its function to ensure that in 
the departments like the police and FIA, people, who deserve to be 
promoted on the basis of efficiency or performance etc. are 
appointed and not on contract basis. Therefore, we direct the 
Secretary, Establishment Division to furnish the list of all Police 
Officers, including the Director General, FIA who have been 
appointed on contract basis and also furnish the reasons for the 
necessity and the interest of the Government for allowing them to 
continue with such posts like IG and DG, which are of high 
importance and the persons occupying these posts are supposed to 
be responsible to ensure the rule of law in the country. The list shall 
Suo Moto Case No.24 of 2010 
7 
be furnished by the Secretary, Establishment Division by 
21.1.2011. On receipt of such list, the office shall issue notices to 
all such officers to appear and explain as to under what authority 
they have been appointed on contract basis, and as to why 
notifications for their appointments should not be cancelled. 
Meanwhile, learned Attorney General shall take up the matter with 
the Government and point out that as the incumbent Director 
General, FIA has disassociated himself from the investigation, the 
person who has been appointed as Incharge of the Investigation 
shall be made a Member of the Agency and he shall continue with 
the investigation of the case in accordance with the law, without 
being influenced from any quarter or high up whosoever found 
involved in the matter.  
7. 
Case is adjourned for 27.1.2011.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Islamabad, 
the 20th January, 2011. 
Riaz 
Chief Justice 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
 
