Hajj scam case: FIA to seek SC’s help over Gilani’s noncooperation

Former PM was meant to appear before investigators on Nov 28.

ISLAMABAD:


With Yousaf Raza Gilani refusing to cooperate in the Hajj corruption case probe, the Federal Investigation Agency has decided to approach the Supreme Court, seeking assistance for further course of action against the former premier.


“The Supreme Court will now decide Gilani’s fate,” a top FIA investigator said on condition of anonymity.

The FIA’s investigation team, headed by former Gilgit-Baltistan police chief Hussain Asghar, had summoned Gilani and his son MNA Abdul Qadir over their alleged involvement in the multi-billion Hajj scam.

However, Gilani informed the FIA, through a letter, that he would not appear before investigators as he had taken the decision during his tenure as the prime minister and enjoyed immunity under Article 248 (1) of the Constitution, the official told The Express Tribune on Thursday.




The former premier’s legal aid Fawad Chaudhry has also demanded a transfer of the inquiry to some other commission or organisation. “A fair investigation is our fundamental right. We don’t expect impartial investigation from the FIA team,” he said.

Gilani was meant to appear before the FIA on November 28 to record his statement in the Hajj corruption case; however, he submitted a reply through his counsel Chaudhry Faisal Hussain, which stated: “The course adopted by [the FIA] against [Gilani] is against all norms of justice, good conscience and propriety as the said notice has been issued without seeking the legal opinion of the Ministry of Law.”

The legal reply further maintained that the haste in which the notice, dated November 23, 2012, had been served clearly established the apprehensions that Hussain Asghar had “lost his capacity to remain independent or cannot be considered to be an impartial person.”

On November 15, lawmakers in the National Assembly strongly criticised the FIA for summoning Gilani, with Pakistan Peoples Party chief whip Khursheed Shah demanding the arrest of the FIA director-general. The reaction came when MNA Abdul Qadir said his family was being victimised and no one was speaking up for them.

Published in The Express Tribune, November 30th, 2012.
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