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 Muhammad Sair Ali  
Mr. Justice Asif Saeed Khan Khosa  
Mr. Justice Ghulam Rabbani 
 
SUO MOTU CASE 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:  
 
Moulvi Anwar-ul-Haq 
Attorney General for Pakistan 
Ch. Khadim Hussain Qaiser,  
Addl. AG, Punjab  
Syed Arshad Hussain Shah,  
Addl. AG, KPK  
Mr. Azam Khattak, Addl. AG Balochistan 
Mr. Muhammad Mir Qasim Jat, ASC 
(on behalf of AG, Sindh)  
Raja Abdul Ghafoor, AOR  
 
For Members of Committee 
Nemo 
of Parliamentarians:  
 
 
 
Former Minister S&T:   
Senator Muhammad Azam Khan  
 
 
 
 
 
Sawati in person   
 
For former Minister 
 
Mian Khalid Habib Elahi, ASC  
Religious Affairs:   
 
Mr. Mehmood A. Sheikh, AOR 
 
For M/o Religious Affairs:  
Mr. Shaukat Hayat Durrani, Secretary 
 
For former Secretary 
 
Mr. Ahmar Bilal Soofi, ASC 
Religious Affairs:   
 
 
 
For Establishment Division: 
Mr. Abdul Hafeez Pirzada, Sr. ASC 
Mr. Abdur Rauf Ch, Secy.  
Mr. Khalid Akhlaq Gillani, Addl. Secy.  
Mr. Muhammad Hafeez, J.S.  
Mr. Afzal Latif, J.S. 
 
 
 
 
 
Mr. Muhammad Arshad Khan, Dy. Secy. 
SMC 24/2010 [HAJJ SCAM] 
2 
 
For NAB:   
 
 
Mr. Muhammad Akbar Tarar, Addl. PGA 
 
 
 
 
 
Mr. Fauzi Zafar, ADPGA 
 
For FIA:  
 
 
 
Syed Jawed Ali Bukhari, Addl.DG 
 
 
 
 
 
Incharge Investigation  
 
 
 
 
 
Mr. Hussain Asghar, Director   
 
 
 
 
 
Mr. M. Azam Khan, Director (Law)  
 
 
 
 
 
Mr. Muhammad Niaz, S.I. Police with  
 
 
 
 
 
Rao Shakeel, former DG Hajj (in 
 
 
 
 
 
custody)  
 
In C.M.A No.218/2011:  
Nemo  
 
For Tour Operators:  
 
Nemo  
 
For Contract Officers:  
Raja Muhammad Irshad, Sr. ASC 
Raja Abdul Ghafoor, AOR  
Mr. M. Ilyas Khan, Sr. ASC  
Col. (R) Abdul Wahid Khan, SSP, ATC 
Karachi  
 
Date of hearing:   
 
01.03.2011   
 
ORDER 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ – Syed Jawed Ali 
Bukhari, Addl. DG, FIA has submitted progress report, a perusal 
whereof indicates that no effective progress has been shown as is 
also evident from the reports, which were being sent on daily basis 
for perusal of one of us (Raja Fayyaz Ahmed, J. in Chambers). On 
perusal of these reports, it has been concluded that –   
  
“Plainly, it is reflected from the progress reports 
referred to above that deliberate delay has been and is 
being caused for reaching to the truth and in taking the 
pieces of incriminating material brought so far on record 
linking the accused persons to its logical conclusion. 
These reports lack necessary particulars and details, 
which lead to no where.  
  
It is also apparent from the steps taken during the 
course of investigation that in a way protection is being 
extended to the offenders so that eventually they can 
get rid of the offences to which they appear to have 
SMC 24/2010 [HAJJ SCAM] 
3 
been 
exposed 
and 
to 
be 
escaped 
from 
lawful 
punishments likely to be awarded after trial. 
  
Also, it does not transpire that the accused 
persons prima facie involved in the case have been 
interrogated and if so whether during the course of 
interrogation 
all 
the 
substantial 
and 
material 
incriminating  points/material remained in the mind of 
the investigator or otherwise.  
  
It seems quite evident that investigation in the 
case is not being conducted independently and in a 
transparent manner, as well as; it can hardly be 
believed that in presence of the present D. G. FIA 
effective and impartial investigation in the case can be 
conducted in respect of whom specific observations have 
also recorded by this Court in its order dated 10.2.2011 
and 
in 
the 
subsequent 
order 
dated 
15.2.2011 
expressing dissatisfaction on the investigation being 
conducted in the case.”  
 
2.  
 
It is important to note that Syed Imran Ali Shah, who 
had made an allegation that out of the misappropriated/defrauded 
amount of Hajj scam, one bullet proof vehicle was purchased by 
Abdul Qadir Gillani through his friend Zain Iftikhar Sukhera at UAE, 
which was brought to the latter’s residence at Sahiwal, when called 
upon to furnish evidence to substantiate allegation, failed to do so, 
as it is mentioned in the report in clear terms. We may observe here 
that on the basis of a bald and baseless allegation, such statement 
should not have been made by Syed Imran Ali Shah. However, the 
Addl. DG may look into the matter and proceed against him if he 
considers that false information was furnished.  
 
3.  
 
It is informed by the Addl. DG that efforts are being 
made to cause the arrest of the accused persons, but they are 
SMC 24/2010 [HAJJ SCAM] 
4 
getting bails from the courts of law. However, it has been pointed 
out to him that they should approach the same court or the higher 
court and provide them assistance to pass appropriate orders under 
the law.  
4.  
 
It is also complained by the Addl. DG that about four 
letters have been sent to the State Bank of Pakistan for the purpose 
of furnishing details of bank accounts of accused Abdullah Khokhar, 
Syed Hamid Saeed Kazmi, Aftab-ul-Islam Raja and others, but so 
far no cooperation has been extended. The Governor State Bank is 
hereby directed to cooperate with the FIA and issue instructions to 
the concerned authorities to do the needful.  
5.  
 
Mr. Shaukat Hayat Durrani, Secretary Religious Affairs 
has submitted a report, which is quite satisfactory as payment of 
Pak Rupees equal to SR 700 per pilgrim has already been made to 
99 % affected pilgrims. We appreciate the task, which has been 
completed by the Secretary and he may take further steps to 
distribute the left over amount to the remaining one percent 
pilgrims.   
6.  
 
Mr. Abdul Hafeez Pirzada, Sr. ASC has stated that a 
Committee has already been constituted to look into the cases of 
persons who were appointed on contract basis. We may observe in 
loud and clear terms that appointments on contract basis are not 
allowed to be continued in terms of section 14 of the Civil Servants 
Act, 1973, and the Policy unless the conditions specified therein are 
satisfied. Apparently, it seems that the Government is not interested 
in obeying the order of the Court because so far the contract 
appointments of only 9 officers have been terminated whereas there 
is a list of more than 100 persons serving on contract basis in 
SMC 24/2010 [HAJJ SCAM] 
5 
different capacities, including Secretaries awaiting orders thereon. It 
is also to be noted that this Court has more than once observed that 
incumbent DG, FIA who himself is holding this post on contract basis 
in a disciplined force, is responsible for not allowing the investigation 
of the instant case to proceed in a transparent manner, however, 
despite these observations, no action has been taken against him. 
Mr. Pirzada has stated that the fate of DG, FIA will be decided within 
3 days and report shall be submitted to the Registrar of this Court 
for perusal in Chambers.  
8.  
 
Let the main case be adjourned for a period of two 
weeks. In the meanwhile, as already directed, the Addl. DG shall 
continue submitting report for perusal by one of us (Raja Fayyaz 
Ahmed, J in Chambers).  
 
 
 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.   
 
 
 
 
 
 
JAVED IQBAL, J.  
 
 
 
RAJA FAYYAZ AHMED, J.  
 
 
MUHAMMAD SAIR ALI, J.  
 
 
 
ASIF SAEED KHAN KHOSA, J.  
 
 
 
GHULAM RABBANI, J.  
 
ISLAMABAD 
1st March, 2011 
 
 
