Supreme Court summons Manika, intel officer on Monday. (2024)

Byline: Syed Sabeehul Hussnain

ISLAMABAD -- The Supreme Court on Friday directed Khawar Manika,ex-husband of first lady Bushra Khan, and Inter-Services Intelligence(ISI) Colonel to appear before the court on Monday in the matter ofcontroversial transfer of Pakpattan District Police Officer (DPO) RizwanGondal.

The top court also directed Jamil Gujjar involved in the transfermatter and DIG Headquarters Shahzada Sultan, Chief MinisterPunjab's Chief Security Officer and Secretary to also appear beforethe court.

The court directed IGP Kalim Imam to ensure the presence of summonedofficials on the date of hearing. It further directed all the summonedpolice officials in the case present in the court room to also submittheir undertakings.

Observing that it will examine if the public office, the office ofchief minister, was misused, the top court told Punjab's AdditionalAdvocate General Qasim Chohan to read court judgements on Article 62(1)of the Constitution before appearing on the next date of hearing, theSeptember 3.

The directives were issued after the first hearing of a suo motu onPakpattan Incident after which the DPO was transferred on account of hisrefusal of tendering an apology from Manika despite pressure from ChiefMinister Punjab Usman Buzdar and Manika Family's closed friendAhsan Jamil Gujjar. A three-judge bench headed by Chief Justice MianSaqib Nisar and comprising Justice Umar Ata Bandial and Justice IjazulAhsan took up the case for hearing whereby IG Punjab Kalim Imam, Head ofInquiry Committee Addition IG Punjab Abubakar Khudabux, Regional PoliceOfficer (RPO) Sahiwal Sharuq Kamal and Rizwan Gondal, now OSD,appeared.

Throughout the hearing, the bench's focus was on whoseinstructions the DPO was ordered to report to Central Police Office(CPO) and that the police department should get rid out of thepoliticisation and influence.

When the hearing commenced, the chief justice asked: 'What isthe story for which the entire nation has been obsessed since last 5days?'

He also made it clear to everyone and remarked that the Court wantedthe police to be independent and empowered.

IGP Imam took the rostrum and tried to dispel the impression that hewas influenced for transferring the DPO stating that he never soughtdictation and had been serving since 31 years with honesty, adding healso worked with the United Nation and had also been conferred awardfrom government on performance.

The bench was not inspired by the apparent self-projection of IGP.The chief justice snubbed the IGP and asked: 'Is this the kind ofservice you (IGP) have been performing that you transferred a DPO. Isthis the right way to issue transfer order at 01am night?'

The CJ further inquired as to what circ*mstances necessitated theissuance of transfer order at night. He further questioned as to why theDPO was asked for tendering apology and why a police officer should goto Dera, a drawing-room like place mostly landlords build adjacent totheir residence.

Chief justice then inquired about Khawar Manika and Ahsan JamilGujjar that where are they. 'We want to get the police out ofpolitical influence but IGP himself spoiling the efforts for thepurpose.'

'We empowered police through our judgment in the case of IGSindh A.D. Khwaja and strengthened the department so that they performtheir duty without being influenced by the political elements,'remarked chief justice.

IGP Kalim said that he could state on oath that he never acted ondirection of politicians adding that the transfer of DPO Rizwan Gondalwas purely an administrative order.

'Whether you did not restrain the DPO and whether you did notconvey the high-ups to not to summon any police officer directly,'chief justice asked the IGP.

'Gondal visited CM's office without taking me intoconfidence but after that I have instructed the DPO not to go againwithout my permission,' IGP Imam responded, adding what Gondal toldhim was not factually correct. IGP went on to contend that he knewthrough the department's sources and Special Branch that Gondaldistorted the facts.

'Neither anyone directs me for the decisions nor do I takedictation from anyone. You can go and ask anybody,' the IGP Imamcontended in the loud voice. The bench expressed its anguish andadmonished the IGP for his ill-manners to address the court.

Justice Bandial grilled IG and told him: "Mr. IG, you are tooegoistic. How dare you are addressing the court in such a way." TheCJ told IGP: 'You are an officer of BS-21 and serving on the postof BS-22. We can suspend you right now.'

CJ told the IGP: "if you will misguide this court then you willnot return from this court as IGP." IGP Imam, however, tendered anapology for his behaviour. During the hearing, IGP Imam informed thebench that a woman, who was daughter of the first lady, was going bywalk at 12.30am night to a shrine. 'Whether it was wrong that thepolice inquired them (first lady's daughter and son)? Whetherpolice do not require inquiring in such unusual circ*mstances? WhetherDPO was present at the place of occurrence at that time? What differencedoes it make if police inquired the woman for her protection?'asked chief justice.

The bench also summoned Gondal for his comments. Gondal said that hereceived a phone call from CM's secretary on August 24 asking toshow up in the office of CM. 'I was also asked to come along withRPO,' he added.

'I phoned RPO and told him there could have been two reasonseither the incident of August 5 or the incident of August 24,' hesaid.

He added that IGP was also informed before the visit but hisoperator told that IG was busy, subsequently he sent a text message toIGP.

'During the meeting the CM introduced another person terminghim his brother, however, after a few minutes we came to know that hisname was Ahsan Jameel Gujjar and that he is a private person and notassociated with any government department,' said Gondal.

'During the meeting Gujjar told us that conspiracy againstManika family was being hatched in Pakpattan. To this I responded thatnothing such is in my knowledge. Gujjar told me that he conveyed amessage to me through an overseas friend,' Gondal added.

The CJ inquired about the overseas friend. Gondal responded:"He was senior to him in course and his name is Azeem Arshad. Azeemphoned me on Whatsapp which could not be received and later he sentmessage to persuade me for apology but I replied in refusal." Whenchief justice asked whether any Army's Colonel was involved, Gondalsaid that the Colonel name was Tariq Faisal and he was in ISI currentlyposted in Faisalabad. Gondal added that Colonel Tariq also phoned himasking for visiting the Manika's place.

Chief Justice inquired: "What Ahsan Gujjar has to do in thematter." Gondal said that his wife namely Farah was friend of firstlady, the same lady in whose home the Nikah of Bushra and Prime MinisterImran Khan took place.

"Gujjar told me to show generosity and visit their home. Theirfather and forefather were popular and they have been landlords sincelong. DCs and DPOs are used to visit them since the time of Britishrule," Gondal narrated before the bench of what happened during themeeting at CM office.

He further informed the bench that police were abused in bothincidents adding that Manika even gave kidnapping threats to thepersonnel of elite force on phone.

Gondal said that CM's secretary again phoned the department andconveyed the message of CM Buzdar for IGP Imam that Gondal should not bepresent in his office in the morning.

Justice Ahsan observed that ultimately it was the orders of CMPunjab. Gondal further revealed that next day after transfer order theCM's secretary phoned him again and told the CM wanted to confirmwhether the former left the charge.

On this, the chief justice aguishly directed his staff to take outthe reference of Article 62(1)(f).

During the hearing, RPO Sahiwal Shariq Kamal took the rostrum. Hesaid that Special Branch informed the police that to-be-first lady wouldgo to Shrine in the mid night of 5-6 August and that the security wasnecessary for it. Later, we came to know that she was not the first ladybut her daughter, he added.

Regarding the second incident, the RPO informed the bench thatKhawar Manika was asked to stop at the checkpost but he did not stop.His car was chased, the RPO said, adding Manika used foul languageagainst police.

After the break, Additional Advocate General Qasim Chohan informedthe court that ISI's Colonel Tariq Faisal was busy in a meeting atLahore while police visited Ahsan Gujjar residence but he was notpresent and his phone was off.

He further informed Khawar Manika refused to come and said he had topick up her daughter from school while his son Ibrahim Manika was inNiltar Gilgit. The top court while summoning the concerned persons andofficials involved in the matter adjourned the hearing till Monday.