ISLAMABAD: The federal government conceded on Wednesday before the Supreme Court that Adviser to the Prime Minister on Aviation Shujaat Azeem was a holder of dual nationality and was court-martialled when he was working for the Pakistan Air Force.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry decided to summon Mr Azeem on July 25 to justify why he was occupying a sensitive post as adviser with the status of a minister of state when he was court-martialled and had dual nationality in light of Articles 93(1, 2) and 63 of the constitution.
Article 93 says that provisions of Article 57 will apply on the advisers. Article 57 allows the advisers to speak and take part in the proceedings of parliament or a joint sitting or any committee of parliament. Article 63 deals with the disqualification of a member of parliament.
The court had taken up a case relating to the delay in the construction of the New Benazir Bhutto International Airport at Fatehjang, 30km southwest of Islamabad.
The matter relating to the appointment of Shujaat Azeem had cropped up on the last hearing on July 12 on a news item “New Order for Aviation causes uncertainty”.
Subsequently, the court had asked the government to submit its reaction on the contents of the news report.
On Wednesday, Additional Attorney General (AAG) Shah Khawar on behalf of the Aviation Division accepted that Shujaat Azeem was a Canadian national. About his appointment as the chief executive officer of Royal Air Service (RAS), a ground handling company, he said that Mr Azeem had resigned from RAS in February this year, well before assuming the office of the adviser.
The AAG explained that the project director of the new airport has confirmed that Mr Azeem was not in any kind of partnership in any of the contracts with Chaudhry Munir, the main infrastructure contractor for the airport.
When asked whether Mr Azeem was court-martialled, the AAG answered in the affirmative and said that he had applied for the release from the PAF.
But when denied the release, he developed differences with his seniors because they were posting him to different stations which resulted in his court-martial and termination from service. In response to the court’s query about the RAS directors, the AAG said RAS was a private limited company registered in November 2004 under the Companies Ordinance, 1984, and its directors were CEO/Director Saleem Bashir Liang, Director retired Air Commodore Tariq Shahab and Director Babar Nisar.
Justice Jawwad S. Khawaja observed that being a Canadian citizen the adviser had taken allegiance to Her Majesty Queen Elizabeth and asked the AAG to show any deliberation on part of the government before appointing Mr Azeem as adviser.
The chief justice observed that because of the situation in Afghanistan, Pakistan was the most important country and therefore the Civil Aviation Authority was also the most sensitive department.
The AAG said that keeping in view of the sensitivity of the matter he would seek fresh instructions from the government on the appointment of Mr Azeem.
The court, however, decided to give a notice to Mr Azeem to explain how he could occupy the post when he was court-martialled.The court also directed the Securities Exchange Commission of Pakistan to place before the court details of shareholders/directors of the RAS on Thursday.