ISLAMABAD - Abdul Qadir Gilani, son of former Prime Minister Yousuf Raza Gilani, on Saturday filed a petition in the Supreme Court, seeking restraining order against Investigation Officer (IO) Hussain Asghar for probing into his BA degree.

While Hussain Asghar was investigating the Haj scam he was appointed Inspector General of Police Gilgit Baltistan. But due to apex court's orders, he was reinstated in the FIA to resume the investigations in the Haj scandal.

Qadir Gilani, who was elected member of the NA on July 19, 2012 after he winning by-elections from NA-151 Multan, has been facing allegations of his involvement in the 2010 Haj scandal being investigated by Hussain Asghar. A Supreme Court bench headed by Chief Justice Iftikhar Muhammad Chaudhry will resume the hearing in the Haj corruption case on January 11.

Abdul Hafeez Pirzada filed the petition on behalf of Qadir Gilani, requesting the apex court to restrain Hussain Asghar from probing into the Haj scandal as he allegedly has lost all impartiality required in as investigating officer.

Recently the officer had submitted a progress report before the apex court alleging that during the investigation a reliable source had informed the IO that the bachelor's degree of Qadir Gilani has been obtained fraudulently.

The report went on to say that the University of the Punjab Lahore, was asked to provide the record of BA degree in response of which the assistant controller of examination of the Punjab University presented the attested record which showed that Qadir Gilani though appeared in the BA examination in 2005 but could not pass subjects like Islamiyat and the Pak Studies. The report suggested that the degree of Qadir Gilani is doubtful. In his petition, Qadir Gilani alleged that Asghar going beyond his jurisdiction and acted without lawful authority especially when he was neither nominated in the FIR registered in the Haj corruption besides his name also did not find mention in the charge sheet issued against former Director General Haj Rao Shakeel Ahmed.

The petition stated that bias and partiality of the investigating officer against the applicant was apparent from the fact that he has embarked upon the course of discrediting and maligning him by venturing into investigating the validity of his graduation degree.

This has nothing to do with whatsoever with the mandate given to the IO by the apex court.

The impartial investigation cannot be expected from the officer, the petition alleged because he was suspended and transferred out of Islamabad by the former prime minister, the father of the applicant. The petition also referred to a report of the privileges committee of the NA which on Dec 20, 2012 had held that the IO was bias and partial in the investigations against Qadir Gilani.

After the privileges committee issued the report, the IO wrote a letter to the Secretary Punjab Assembly on December 26, 2012 requesting to provide complete record and details of benefits availed by Qadir Gilani as a former MPA. This is yet another instance of Hussain Asghar's partiality and bias against the application, the petition alleged.