Following is the text of Supreme Courts detailed judgment in Sohail Ahmed and Hussain Asghar cases: IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, CJ Mr. Justice Mian Shakirullah Jan Mr. Justice Mahmood Akhtar Shahid Siddiqui Mr. Justice Khilji Arif Hussain Mr. Justice Tariq Parvez Mr. Justice Amir Hani Muslim SUO MOTU CASE NO. 24 of 2010 [Regarding Corruption in Haj 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 AND 1291-K & 1292-K of 2011 [Applications by Abdul Rasheed & others] On Court notice: Moulvi Anwar-ul-Haq Attorney General for Pakistan Mr Amanullah Kanrani, A.G. Balochistan Mr M Azam Khattak, Addl. AG, Balochistan Syed Arshad Hussain Shah, Addl. A.G., KPK Ch Khadim Hussain Qaiser, Addl. AG Punjab For M/o Religious Hafiz Sher Ali, JS, HAJ Affairs For FIA: Syed Tehseen Anwar Ali Shah, DG Mr Muhammad Azam, Director Law Date of hearing: 29-07-2011 ORDER IFTIKHAR MUHAMMAD CHAUDHRY, CJ The instant case relates to massive corruption in the Hajj arrangements for the Hajj 2010. A Committee of the Parliamentarians, namely, Moulana Muhammad Qasim, MNA, Chairman Standing Committee for Religious Affairs (National Assembly), Syed Muhammad Saleh Shah, Senator, Chairman Standing Committee for Religious Affairs (Senate), Pirzada Syed Imran Ahmad Shah, MNA, Mr. Bilal Yaasin, MNA and Dr. Khalid Mehmood Soomro was constituted by the Prime Minister who visited Saudi Arabia so as to observe the Hajj arrangements. Vide letter dated 01.09.2010 the said Committee reported to the Prime Minister that corruption and malpractices were committed by the officials of the Ministry of Religious Affairs in the Hajj arrangements in the hiring of buildings for the Hujjaj. A copy of the letter was also sent to one of us (Chief Justice). 2. Senator Khalid Mehmood Soomro also requested this Court (Chief Justice) through electronic media in TV Programme Duniya Mere Aage relayed by a private channel to initiate probe into the matter. Likewise, prior to the request made by the Parliamentarians, a letter from H.E. Prince Bander Bin Khalid Bin Abdul Aziz al-Saud was also received by this Court alleging corruption and embezzlement in Hajj arrangements on the part of the officials responsible in hiring accommodation for the Hujjaj in regard to the buildings which were situated distantly from the Haram on exorbitant rates in place of buildings available on much less rent which were nearer/closer to the Haram. Giving importance to this letter as it was received from a highly respectable personality of brotherly country, on 29.10.2010 the following order was passed: - This issue seems to be serious and may cause bad name for our Government. Call for comments from Secretary, Religious Affairs and this matter be also brought into the notice of Foreign Affairs. 3. Comments were also called from the Ministry of Foreign Affairs in this regard. It is important to note that as per news clippings titled Hajj Accommodation Scam published in the Daily Dawn dated 07.11.2010, a Senator demanded a 'House Committee to probe into the allegations contained in the letter of the Saudi Prince, addressed to the Chief Justice about exorbitant rent being charged from Pakistani pilgrims for their accommodations in Makkah. This news item further added that the issue has rattled many people and concerns have been expressed in both Houses of Parliament, therefore, Government must probe the matter to make the truth known to the people and take appropriate action if necessary and streamline the accommodation for them in future. Similarly, the 'Daily Nawa-i-Waqt in its edition published on 10.11.2010 carried a report titled Hajj Intizamat main hone wali corruption, alleging that the former DG, Hajj Rao Shakeel Ahmed was appointed to the office in violation of the rules, with a view to facilitate him in indulging in corruption. The said DG has a tainted past with corruption case pending against him in the Accountability Court, Lahore. The report further alleged that notwithstanding the fact of genuineness or otherwise of the Princes letter, its contents are accurate, inasmuch as exorbitant rent has been charged from the pilgrims for providing them cheap accommodation located at a distance of 3 to 3 KM from the Haram. The report bemoans of the corrupt practices being resorted to by the officials who were looking after the interest and welfare of the pilgrims. 4. The parliamentarians, print media and electronic media not only highlighted the corruption in regard to the hiring of buildings located distantly from 'Haram at exorbitant rent and charging the pilgrims ostensibly at high rate of S.R.3600 demanded probe into the matter. This issue also published in largely circulated newspapers including Daily 'Dawn, The 'News International, 'Jinnah, 'Jang and Daily 'Naw-e-waqt with editorials. 5. During the Hajj, some of the Hujjaj submitted applications to Khalil-ur-Rehman Ramday, J., (as he then was) complaining ill treatment during the Hajj. Mr. Ramday forwarded such applications to the Chief Justice with the following remarks:- A large number of persons came to me in Makkah Mukarramah and even in Mina complaining of grave mismanagement in the Hajj arrangements regarding the buildings hired in Makkah and Madina and the accommodation in Mina. The stories narrated were pathetic. Complaints were made even in writing. I appear to have misplaced those written complaints, but two of them are available with me, which I am placing before you for such action as may be deemed appropriate to eliminate the sufferings of thousands of Hajis who collect penniesall their lives to perform Hajj and this is how the money earned by them through their blood and sweat is wasted. 6. Vide order dated 02.12.2010, the matter was ordered to be heard on the judicial side. In the meanwhile, the Court was informed during the hearing of the case that Rao Shakeel Ahmed, had been facing criminal proceedings in Reference No. 76 of 2007 pending adjudication before the Accountability Court No. II, Lahore wherein evidence of 18 out of 32 witnesses was recorded. Court was further informed that investigation in NAB case on the charge of assets beyond known sources of income was pending against him. The said investigation was pending since 2004 and at one stage, one investigating officer recommended for cancellation of the case on the ground that no case was made out, but the NAB Headquarter declined the recommendation and ordered for reinvestigation of the case. It is important to note that his name was also placed on the ECL at the time when he was selected out of a panel of three persons as DG Hajj. This fact was revealed to the Court by Mr. Khushnood Akhtar Lashari, the then Secretary Establishment, who placed on record summary of the appointment of Rao Shakeel Ahmed as DG Hajj. According to the summary, his name was considered along with two other officers, namely, Mr. Nayyar Mahmood and Mr. Sajjad Haider Afzal by a Departmental Selection Committee for said appointment. It may not be out of context to observe that in the summary, it was categorically mentioned that two NAB cases were pending against Rao Shakeel Ahmed. However, the Prime Minister approved him to be appointed as Director General Hajj, Jeddah. 7. According to a report, which was filed by Mr. Nasar Hayat, the then Additional Secretary that Rao Shakeel Ahmed himself had applied to Federal Minister for Interior, Government of Pakistan, Mr. A. Rehman Malik for deletion of his name from the ECL. Interestingly, perusal of the letter indicates that on an SMS message by the Interior Minister, the name of Rao Shakeel Ahmed was removed from the ECL though cases were pending against him before NAB. 8. The then Minister for Hajj and Religious Affairs, Syed Saeed Kazmi, who is presently in custody, was also involved, in the Hajj Scam, he, therefore, appeared before this Court voluntarily along with his counsel. Another Minister of the Government, Mr. Azam Khan Swati, Minister for Science and Technology, who was complainant, in response to the notice also appeared before the Court and filed reply and undertook to furnish material connecting the officials with corruption. He was directed to appear before the FIA authorities where the case has been registered. The DG FIA Mr. Wasim Ahmed along with Director Law and different investigation officers did participate in the proceedings. 9. Since it was a high profile case relating to massive corruption, hue and cry was raised against it all over the country as well as abroad against the Minister of the Federal Government and other High Officials. The Members of the Parliament and the Hujjaj also started appearing before the Court during proceedings and joint application signed by 122 Hujjaj was also filed before this Court raising painful voice, highlighting the corruption and the miseries the pilgrims had to suffer during the Hajj. Keeping in view the prestige and honour of the country, and to ensure above the board accountability of the wrongdoers responsible for massive corruption, it was only possible if the investigation on the criminal side was carried out by appointing experienced officer as Investigating officer, having capability of dealing with the case, without being influenced by any authority. Therefore, it was pointed out to the DG, FIA that instead of investigating the case from grade 16 officer, who did not show any interest in the investigation, and his performance was unsatisfactory, should appoint some senior officer in order to see that investigation is carried out transparently, in accordance with law without caring status of the accused. 10. A perusal of the record suggests that on the dates of hearing, the affected Hujjaj one by one started submitting applications before this Court. In this behalf, one Muhammad Ali, a retired officer of grade 21, who performed Hajj 2010, narrated painful story of miseries he and his family members faced during the Hajj, particularly in respect of the events, which took place in Mina as well as in Makkah due to the acts and deeds of the functionaries responsible for making Hajj arrangements. He portrayed a sordid picture of events, which according to him had taken place for obvious reason of malpractice, corruption and mismanagement on the part of the functionaries responsible in that behalf. 11. At this point of time, it transpired that the Ministry of Hajj had charged SR 700 from each Haji for providing them suitable accommodation in Mina and admittedly they were not provided accommodation despite collecting the rent from them. Therefore, by order dated 13.12.2010 the Secretary, Religious Affairs was directed to refund the amount of SR 700 to the said pilgrims and submit certificate to this effect before the next date of hearing. We may observe that in pursuance of the aforesaid directions, the Government of Pakistan had reimbursed an amount of 470 million rupees to about 25000 Hujjaj, which amount was charged form them towards rent but they were not provided accommodation and were made to suffer the agony of non-accommodation. On the said date, Mr Wasim Ahmed, DG, FIA submitted report, which report was incorporated in the order of that date wherein it was stated as under: - 11. Mr Waseem Ahmed, Director General, FIA has submitted his report, concluding paras therefrom are reproduced herein below : - 3. in the light of the facts brought on record the role of those, senior and junior, already under arrest needs to be probed further to ascertain their involvement in the corruption and mismanagement. 4. It seems from the facts and circumstances of the case that Secretary was having no control on the affairs of the Directorate General of Hajj, Jeddah. DG/Hajj appears to have assumed unchecked authority in all administrative and financial matters. The hiring procedure after repatriation of Shakeel Ahmed Rao, completed under the supervision of Secretary MORA, was also not in accordance with the policy. This reflects gross mismanagement and loses control on the part of Secretary MORA. 5. Incriminating evidence is yet to be collected from Saudi Arabia, especially, once Ahmad Faiz s/o Muhammad Shafi is arrested and interrogated. 6. Accurate determination of those involved in crime, both directly or indirectly hinges on the finding of the FIA team that is proceeding to Kingdom of Saudi Arabia, where all transactions took place, funds (ill-gotten money) were transferred/remitted and the concerned officials and private persons were located. He further stated that Mr Hussain Asghar, Director, FIA with the rank of DIG, Police has been appointed as head of the Investigating Team, who with his team is proceeding today to Saudi Arabia for conducting further investigation. 12. Mr Hussain Asghar, Director FIA with the rank of DIG Police, was assigned the task to head investigation in the Hajj Scam. He took over the charge and accelerated the investigation by collecting evidence. During the course of investigation, he also visited Saudi Arabia. In addition to Mr. Hussain Asghar, another officer was associated to accelerate investigation. One of the Federal Minister was supporting the allegation of corruption against the other Federal Minister. This Court wanted to ensure that the investigation of the case must be conducted in a transparent manner and also desired that the facts be brought into the notice of the Prime Minister, who may personally look into the matter and ensure that the investigation is conducted without influence of any official against whom allegations of corruption and or corrupt practices have been leveled. 13. When the investigation was in progress and sufficient incriminating evidence was collected by the investigation team headed by Mr. Hussain Asghar, Syed Jawaid Ali Shah Bokhari, was posted as Additional Director General, FIA, and the officers earlier assigned investigation were disassociated without assigning reason. Mr. Hussain Asghar who was heading the investigation team had started unfolding different aspects of the case and had collected sufficient material during investigation against influential persons, well placed in the Government. On appointment of Syed Jawaid Ali Shah Bokhari, he was assigned investigation but he disassociated himself for which his explanation was sought. His reply was to the effect that as his promotion was due in grade 22, therefore, he wanted to avail the chance. However, separate observations have been made against him directing the Government to initiate departmental proceedings against him as he had refused to perform his duties. We would not like to comment upon this aspect of the case at this stage as it might cause prejudice to the Mr. Jawaid Bukhai in the departmental proceedings pending against him. 14. As far as Hussain Asghar is concerned, he also appeared and had placed before the Court Notification of his transfer to Gilgit-Baltistan as Inspector General Police, therefore, explanation of Malik Muhammad Iqbal, DG FIA who had, in the meanwhile had taken over the charge, was sought. This Court was of the view that, he being a senior officer instead of ensuring to accelerate progress of the investigation in the right direction started hampering the investigation after taking over the charge and things had come to a stand still. After the transfer of Mr. Hussain Asghar, no progress in the investigation was made and the DG, FIA, was called upon to explain as to why in the mid of the investigation when the case was proceeding towards its logical end, he spared and relieved Mr. Hussain Asghar without bringing into the notice of this Court. 15. The DG FIA, has stated that he had no objection if Mr. Hussain Asghar was re-posted to complete investigation and in this regard Malik Muhammad Iqbal, then D.G, FIA, had sent a letter for reposting of Mr. Hussain Asghar, but no response was received from the competent authority. On 10.6.2011, the then Secretary Establishment and D.G, FIA, appeared in Court and sought time to enable them to approach the competent authority for reposting of Mr. Hussain Asghar in the FIA. The case was adjourned and again on 25.7.2011 when it was taken up no progress was shown to have been made, therefore, on the said date, following order was passed:- Iftikhar Muhammad Chaudhry, C.J. On the last date of hearing the following order was passed: - ..The Secretary Establishment is present and confirmed about obtaining sparability report of the Officer from the Director General, FIA through Secretary Interior and on getting positive reply from him, he was posted out. However, both of them, i.e. the Secretary Establishment and the Director General, FIA stated that some time be given to them so that they may again approach the Competent Authority for re-posting of Mr. Hussain Asghar in the FIA. The case is adjourned. To be fixed after two weeks. 2. It appears that compliance has not been made so far as a result whereof no progress in the investigation of the Hajj scam case is being made as no responsible or serious officer has been posted. Undoubtedly this Court has time and again politely expressed its desire that a person who is capable to deliver should be posted to carry out the investigation but it seems that orders of this Court are being flouted intentionally. 3. Under the circumstances we direct the Secretary, Establishment Division, that he should immediately, during the course of the day, issue transfer orders of Mr Hussain Asghar as Director FIA enabling him to resume his duty as such and continue to investigate the case otherwise he should appear and face the proceedings for non-compliance of the order. In the meanwhile, he shall also put up the list of the officers available at that time when Mr Hussain Asghar was posted as IG Gilgit Baltistan because it seems that in order to disassociate him from the present proceedings he was posted out on taking a report about the sparability from the DG FIA who also dishonestly gave the report knowing well that Mr Hussain Asghar is conducting investigation of an important case in which not only the pilgrims have been looted but it has also brought a bad name to the country. It is important to note that after Mr Hussain Asghar was posted out no further progress has been made in the case. 4. On the issuance of the notification during the course of the day DG FIA is directed to provide him every cooperation and assistance along with his team which was already conducting the investigation. 5. Adjourned for tomorrow i.e., 26.07.2011. 16. Under the above circumstances, Secretary Establishment forwarded a summary for the reposting of Mr Hussain Asghar and as the needful was not done, therefore, he was asked to comply with the Court order by issuing the Notification. Accordingly, he obeyed the judicial order and issued the Notification of transfer of Mr Hussain Asghar on 26.07.20121, but it seems that so far he had not reported to the FIA Headquarter as according to the learned Attorney General for Pakistan no direct contact had been established so far with him except information collected form the documents from the Chief Secretary, Gilgit-Baltistan that the said administration had declined to relieve him without provision of replacement. 17. The learned Attorney General for Pakistan in this respect has placed on record following report dated 28.7.2011:- REPORT ON BEHALF OF DIRECTOR GENERAL FIA Respectfully Sheweth: In continuation of previous report submitted on 27.07.2011, the following steps have been taken in pursuance of the directions given by the apex Court on 28.07.2011 : - i. ADG Mr Muhammad Manzoor tried to contact from his cell number 0321-9480003 with Mr. Hussain Asghar on his cell phone number 0345-3056663 & 0355-5550161 but the same were not responding. ii. DIG HQ Gilgit Baltistan Police was contacted to know about IGP (Mr. Hussain Asghar). He informed that the IGP was in Skardu but he is having no contact with him. The DIG however, Faxed a copy of the Service Department, Government of Gilgit Baltistan Notification dated 26.07.2011 addressed to IGP, containing directions that the Chief Minister Gilgit Baltistan has verbally directed you not to relinquish the charge of IG Police Gilgit Baltistan without approval of the competent authority (Chief Minister, GB) and without provision of your replacement (Annex-A) iii. DIG HQ was asked to establish contact with IGP and inform him about the orders of Honble Supreme Court of Pakistan, dated 27.07.2011. He was also asked to communicate with SP Skardu for locating Mr Hussain Asghar and deliver the message to IGP by utilizing wireless communication network. iv. The copies of the orders of Honble Supreme Court of Pakistan dated 27.7.2011 have separately been faxed to the Chief Secretary, Government of Gilgit Baltistan (fax no.05811-920144) and the Inspector General Police G.B. (fax no.05811-930015) for immediate compliance (Annex- C & D). v. Director General FIA gives an assurance to the apex court that as and when Mr. Hussain Asghar reports for duty in FIA, the investigation of Hajj Scam cases will be handed over to him and the investigation team, already working with him, will be re-attached with the officer. He will also be facilitated in all manners to carry out the investigation of the Hajj Scam cases. Sd/- Syed Tahsin Anwar Ali Shah Director General/FIA 28.07.2011 18. Interestingly in compliance with the order of this Court Mr. Sohail Ahmed, the then Secretary Establishment, who issued notification of transfer of Mr. Hussain Asgar, was made OSD vide notification dated 26.7.2011, copy of which has been placed on record which reads as follows:- Mr. Sohail Ahmed, a BS-22 officer of Secretariat Group, presently posted as Secretary, Establishment Division, is transferred and posted as OSD, Establishment Division, with immediate effect and until further orders. 19. This Court is of the view that if a civil servant like Mr. Sohail Ahmad, who had stood for supremacy of the Constitution and Rule of Law has obeyed the judicial order, he could not have been penalized by making him O.S.D. It is well settled that placing an officer as OSD is tantamount to penalizing him because the expression 'OSD is not known to either the Civil Servant Act, 1973 or the Civil Servants Appointment Promotion and Transfer Rules, 1973. We may deal with this aspect of the case in subsequent part of this order. On 27th July, 2011 all these facts were incorporated in the order, which is self explanatory, therefore, the same is reproduced herein below:- Syed Tehseen Anwar Ali Shah, DG FIA has appeared and states that the orders passed by this Court dated 25.07.2011 and 26.07.2011, pursuant to which Establishment Division has issued Notification on 26th July, 2011, transferring Mr. Hussain Asghar from the office of Inspector General, Gilgit Baltistan to Director, FIA enabling him to conduct investigation of the Hajj scam case, shall be fully implemented. According to him the investigation team which was headed by Mr. Hussain Aghar earlier has also joined him in investigation. He, however, further states that Mr. Hussain Asghar so far has not reported to the FIA Headquarters. The DG FIA has submitted that he was out of station i.e. in Karachi and has reached last night and could not contact Mr. Hussain Asghar. He, however, ensures that Mr. Hussain Asghar will reach Islamabad immediately on relinquishing the charge and shall take over the charge of the Director FIA either by air if any flight is available or he could be asked to reach Islamabad by Road. 2. In view of the above, we postponed the hearing of the case for this purpose till tomorrow to see whether Mr. Hussain Asghar has assumed the charge as Director FIA in compliance with the orders of this Court dated 25.07.2011 and 26.07.2011. 3. It has been reported in the Electronic and Print Media that Mr. Sohail Ahmed, Secretary Establishment has been removed from his office and has been made OSD. This development has taken place soon after the issuance of the Notification by him transferring Mr. Hussain Asghar from the office of the Inspector General of Police Gilgit Baltistan to Director FIA to enable him to continue the investigation of the Hajj corruption scam. In fact the Secretary Establishment in compliance with the orders of this Court, has issued the notification of transfer of Mr. Hussain Asghar as Director FIA. 4. We may observe that prior to passing of the orders on 25th and 26th July, 2011, the observations were made by this Court at times requiring the Competent Authority to transfer and post Mr. Hussain Asghar as Director FIA to enable him to conduct the investigation in Hajj Scam case which case has not only brought bad name to the country but also reveals that senior government officials and influential persons are involved in the scam who have pocketed huge amounts. After the transfer of Mr. Hussain Asghar to the Gilgit, the investigation in the scam had come to a stand still. Despite repeated efforts, Mr. Hussain Asghar, who was previously conducting the investigation and has made break through was not brought back as Director, FIA as a result whereof this Court was left with no option but to pass the orders in exercise of its Constitutional Jurisdiction. During the course of proceedings on 26th July, 2011, it has also been revealed that Mr. Sohail Ahmed, Secretary Establishment had floated a summary to the Competent Authority regarding transfer of Mr. Hussain Ashgar, as Director FIA but no action was taken on it by the Competent Authority. 5. Needless to observe that this Court is of the considered view that once a judicial order is passed, it has binding effect on the Executive as well as Judicial functionaries in terms of Articles 5 and 190 of the Constitution of Islamic Republic of Pakistan. Therefore, the attention of Mr. Sohail Ahmed, Secretary Establishment was drawn towards these Constitutional provisions, non-compliance of which would have exposed him liable to contempt proceedings. This fact finds place in our order passed in the earlier past of the day on 26.07.2011. However, Mr. Sohail Ahmed, Secretary Establishment has complied with the order after tea break when the Court assembled for further hearing and placed the copy of the notification in terms of order of this Court. The language of the notification clearly speaks this fact that the notification was issued in compliance with the orders of this Court which act on his part was in discharge of his Constitutional commitment as required under Article 190 of the Constitution. Such officer cannot be penalized inter alia on the ground that he issued the notification in violation of the rules. The Secretary Establishment has issued the notification in compliance with the order of this Court dated 25.07.2011 and 26.07.2011. If such officer is made OSD it will not send a good message to the country. 6. We have already expressed at number of times that transfer and posting is the domain of the Executive Authority; however, keeping in view the peculiar facts and circumstances of the case, instead of passing orders ourselves, we had send the issue of transfer/reposting of Mr. Hussain Asghar as Director FIA to the Government through Attorney General for Pakistan but it did not work. Under these circumstances, we examined the administrative orders ourselves in exercise of the powers of Judicial Review and have passed the orders on 25.07.2011 and 26.07.2011, which have resulted in making Mr. Sohail Ahmed as OSD. It is not only Mr. Sohail Ahmed, Secretary Establishment, who had suffered for obeying the lawful orders and if such acts are allowed to continue, it will have serious impacts on the officials/authorities and will send message to them that if they comply with orders of Supreme Court without seeking prior approval of the Competent Authority, they will be posted out or they shall be proceeded against departmentally. Moreover, it would discourage upright, honest and committed officers as well. Therefore, under these circumstances, this Court cannot leave such officers at the mercy of the Executive to deal with them in a manner they like. There is no cavil that the Executive has to exercise powers under the Rules but such discretion has to be exercised judiciously as has been spelt out in the case of Tariq Aziz-ud-Din: In re. (2010 SCMR 1301). 7. The manner in which Mr. Sohail Ahmed, Secretary Establishment has been penalized persuade us to have strong reasons to believe that it was an act designed to frustrate the orders of this Court. The immediate reaction shown by the Competent Authority was not called for, because Mr. Sohail Ahmed has obeyed the judicial order, which he was bound under the Constitution, which is a sacred document and every authority in the country is bound to follow it; if any authority makes a departure from any of its provisions, it is likely to lead to chaos in the country which may lead to serious consequences. Such an eventuality ought to be avoided by all persons in authority. Under the Constitution, if this Court passes orders, it should be complied with and no approval of any authority in Executive is required for its implementation. The rules or even statutes, which are subordinate to the Constitution could not place bar on the authority of this Court to seek the enforcement of its orders. 8. However, when we enquired from the Attorney General from Pakistan as to whether he had seen the notification under which Mr. Sohail Ahmed, Secretary Establishment has been made OSD, he has stated that he came to know about it only through Electronic media and newspapers. We may note here that the Registrar of this Court has also placed a note for our perusal, indicating the events which took place after the issuance of the notification of transfer of Mr.Hussain Asghar. 9. At this stage, we have asked the learned Attorney General for Pakistan, in whose presence this order has been dictated, to contact the Competent Authority and convey the above order and also ensure that Mr. Sohail Ahmed be reinstated as Secretary Establishment and the notification/ order of his being posted as OSD be withdrawn. The Attorney General shall submit the report in writing in this behalf i.e. whatever he has communicated to the Competent Authority and the reply he has received in response thereto. 10. We postponed the hearing till 11.30 a.m. today for compliance of the above order. 11. When the matter is taken up again after 11.30 a.m. the learned Attorney General for Pakistan has placed on record the copy of the Notification No.F.No.41/335/2009-E-I, dated 26th July, 2011 in pursuance whereof Mr. Sohail Ahmed, Secretary Establishment was made OSD with immediate effect and until further orders. He has informed that the Chief Executive/Prime Minister of Pakistan was out of town and no sooner he arrived back to Islamabad, he had gone to attend the Cabinet meeting already scheduled for today, therefore, he could not establish contact with him. He, however, had spoken to the Principal Secretary to the Prime Minister and had asked him to bring to the notice of the Prime Minister the observations made by this Court today in the order passed in Court, who has assured that he will convey him. Since the case is being adjourned, we asked the learned Attorney General for Pakistan that he should personally meet with the Prime Minister today along with certified copies of the order passed by this Court and explain him the intrinsics of the Constitutional and legal provisions along with the observations made herein above and that whatever reaction he gives should be reduced in writing and be placed before us tomorrow. The learned Attorney General shall also produce before us the relevant file including the summary on the basis of which the notification referred to herein before has been issued. 12. The learned Attorney General has also informed that the DG FIA has been deputed by him to contact Mr. Hussain Asghar, enabling him to come back and resume the charge of Director FIA, therefore, he has gone to his office to implement the directions, which were passed in his presence in the Court. Put up on 28.07.2011 for further hearing. 20. The judiciary including the High Courts and the Supreme Court is bound to protect and preserve the Constitution as well as to enforce fundamental rights conferred by the Constitution either individually or collectively, in exercise of the jurisdiction conferred upon it either under Article 199 or 184(3)