Interior Minister Rehman Malik is not qualified to be a member of parliament as official documents prove he was dismissed from the service in 1998 and even his appeal against the dismissal was turned down by the president of Pakistan in 1999. Article 63(i) of the Constitution clearly disqualifies a person from becoming member of parliament if a person has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the federal government, provincial government or a local government on the grounds of misconduct or moral turpitude. Documents available with The News show the then-president Muhammad Rafiq Tarar rejected Rehman Malik’s appeal on April 22, 1999 against his dismissal from service as additional director-general of the FIA. Malik, who fled the country during the Nawaz Sharif’s tenure and had been declared an absconder by the courts, came back to Pakistan after eight years of self-imposed exile in 2007, along with Benazir Bhutto, and got elected as senator because of the National Reconciliation Ordinance, which had ostensibly erased his past record. However, the recent declaration of the NRO as void ab initio by the Supreme Court has revived the record and made Malik vulnerable to lose both his ministry as well as the Senate seat for being a dismissed government employee. Despite messages left at this office, residence and even sent on his cell phone, Rehman Malik did not talk to this correspondent to clarify his position. However, his counsel Amjad Iqbal Qureshi when approached said he was absolutely ignorant about his dismissal from the government service. Qureshi said he had never represented Malik on service matters but guessed Mr Malik had resigned from service. Presidential spokesman Farhatullah Babar when approached said he is not aware of Rehman Malik’s case but said perhaps he was once told by the interior minister that his dismissal was set aside by the competent forum. Babar said the president has the authority under Section 23 of the Civil Servants Act of 1973 to set aside the dismissal order of any government servant. He, however, was not sure if in case of Rehman Malik the incumbent president had done so before he contested the Senate election.
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Official record available with the Establishment Division, however, confirmed that Rehman Malik was dismissed from the government service and the situation remains unchanged as of today. Documents reveal on May 21, 1998, Rehman Malik, the then-additional director-general of FIA, was placed under suspension with effect from November 17, 1997, through an interior ministry notification. He was issued a show-cause notice on August 13, 1998, through registered post as well as through a press advertisement on account of his unauthorised absence from Islamabad with effect from June 26, 1998. He was also charged with receiving two Honda cars from Toyota Motors as illegal gratification; falsely involving two persons in an FIA case in Lahore; misuse of official position for obtaining quota of bitumen from the petroleum ministry for his brother-in-law at lower rates; misuse of official position for installation of telephone of telephone exchange at his residence; living beyond means as evident from telephone bills and electricity charges; theft of electricity at his residence by abusing his official position; and misuse of official transport. AW Qazi, the then food secretary, was the inquiry officer in this case. Rehman Malik submitted his reply to the show-cause notice on August 17, 1998, to the authorised officer, denying the charges against him but did not request for personal hearing. Since Malik fled to the UK and was living in London, therefore, on account of his absence from the station duty the authorised officer recommended imposition of major penalty of dismissal from service upon him under the Government Servants (E7D) Rules, 1973. On Nov 4, 1998, through another interior ministry’s notification and following the approval of the competent authority his dismissal from service order was issued. Rehman Malik was, however, given the right to appeal to the appellate authority under the Civil Servants (Appeal) Rules, 1977, within a period of 30 days from the date of issue of the same notification. Against his dismissal from the service order, Rehman Malik submitted an appeal to the president of Pakistan against the imposition of major penalty of dismissal from service on him. The then interior secretary Hafeezullah Ishaq on February 2, 1999 moved the summary to the president through the prime minister recommending in paras 7 and 8 of the summary that the appeal of the dismissed officer may be rejected. On April 4, 1999, the then prime minister Nawaz Sharif accordingly advised the president, saying, “While filing the subject matter appeal, the appellant A Rehman Malik, former additional director-general (BS-21), FIA, has also misrepresented his current status vis-‡-vis the Service of Pakistan. The president is, therefore, advised in terms of Rule 2(a) and Rule 6 of the Civil Servants (Appeal) Rules, 1977, to approve recommendations of the interior division as per para 7 duly endorsed by the establishment division at para 10 of the summary; or to pass such orders, as the president may deem appropriate please. sd Prime Minister.” Following the advice of the prime minister, the then president Muhammad Rafiq Tarar endorsed Rehman Malik’s dismissal, saying, “Perusal of the record reveals that the recommendation in para 8 of the summary proposing dismissal to reject the appeal of Mr A Rehman Malik, former additional director-general, (BS-21), FIA, in terms of Rule 2(a) and Rule 6 of the Civil Servants (Appeal) Rules, 1977. sd Muhammad Rafiq Tarar, President.”
By: The News