Hajj scam: Court will settle immunity issue, not Gilani, states SC

Also orders FIA to arrest’s Kazmi’s alleged front man in Saudi Arabia.

ISLAMABAD:

A three-member bench of the Supreme Court on Thursday directed former prime minister Yousaf Raza Gillani’s lawyer to submit a written plea for the immunity of his client against criminal proceedings in the alleged Hajj corruption case.

Hearing the 2010 Hajj scandal case, the bench headed by Chief Justice Iftikhar Muhammad Chaudhry asked advocate Amjad Iqbal Qureshi to argue for the immunity claimed by the ex-premier who said the Federal Investigation Agency (FIA) could not interrogate him.

“The ex-PM cannot claim immunity himself without approaching the court. The issue would only be decided once the matter is put before the apex court,” observed Justice Ijaz Ahmed Chaudhry, a member of the bench.



Responding to the remarks, advocate Qureshi, also a former judge of Islamabad High Court, said the Constitution provided immunity to the PM in office under Article 248. The confusion had only arisen after the law ministry gave two divergent opinions on the issue.

Following the court’s observation, advocate Qureshi said he would file application seeking immunity for the ex-premier as the FIA wanted to question his client for appointing Rao Shakeel as director general Hajj in 2010 when he was not qualified for the post.

About bringing back Ahmed Faiz, the person who allegedly worked in Saudi Arabia as front man of ex-minister for religious affairs Hamid Saeed Kazmi and accepted kickbacks, FIA Additional Director General (Law) Azam Khan informed the court that interior and foreign affairs ministries had written a letter to their Saudi counterparts but no progress had been made so far.

On the query of the chief justice, Azam explained that Pakistan had an extradition treaty with the Saudi Arabia.

Director FIA Hussain Asghar, also an investigative officer in the case, told the court that Saudi police were reluctant to raid the places - pointed out to them - where the suspect, Ahmed Faiz, could be living. “Saudis are not ready to cooperate and allow us to record the statements of those involved in the scam,” said the additional DG.



The court directed the FIA officials to continue their efforts to bring Ahmed Faiz back to Pakistan. The bench also ordered the agency to recover Rs260 million, which the federal government had paid for the pilgrimage from the kitty of Hajj Foundation. In 2009-10 the pilgrims had paid 700 Saudi riyals but were not provided adequate facilities in Saudi Arabia.

The court, before adjourning till July 23, directed Additional Attorney General Shah Khawar to seek out the federal government’s instructions on the case and give a detailed briefing on each aspect of the scam as the court wanted to conclude the case.

Published in The Express Tribune, July 5^th, 2013.