ISLAMABAD - Former Prime Minister and PPP Senior Vice Chairman Yousaf Raza Gilani told the FIA on Monday that it has violated the constitution by sending him a notice regarding appointment of Rao Shakil as director general of Haj operations.
“The prime minister is the final authority in making hundreds of such appointments. His decision was based on summary received from the relevant ministry, which contains input from several other officials coming within the domain of the hierarchy of the process for appointment,” Gilani said in a letter a copy which is available with TheNation.
The ex-PM, in his written response conveyed through his counsel Ch Faisal Hussain, asked the FIA (Federal Investigation Agency) to withdraw the notice he received on Nov 8. The notice was issued in Case FIR No.3/2012 under 160 CrPC (Criminal Procedure Code).
Gilani – who was last Friday supposed to appear before the FIA team investigating the Haj corruption case – ignored repeated summons by the agency, prompting the investigation officer to complain to the relevant parliamentary committee about his non-cooperation. The ex-PM was then summoned to record his statement but he told the FIA that notices sent to him were illegal.
The letter, addressed to Hussain Asghar, Director/Commandant Special Investigating Unit of FIA Islamabad stated that the notice was in violation of article 248(1) of the constitution, while the only allegation levelled in it pertains to receipt of monetary benefit in appointing Rao Shakil.
Gilani ruled out possibility of having monetary benefits. Given that several officials are involved in the process of such appointments, “any allegation of financial or monetary benefit or impropriety in these circumstances in isolation against the prime minister is an absolute impossibility”, he added.
“Besides, allegation of this kind has to be based on evidence, the onus whereof is on the person levelling such allegation and not on the person on whom such allegation is being levelled. In the absence of such evidence it would be highly irrelevant in law to furnish any reply to allegation in question,” read the letter.
Gilani maintained that sending of this notice reflects bias, emanating from external pressure and influence, which is manifest on the face of these proceedings keeping in view several orders passed by the Supreme Court and the government as a result whereof Hussain Asghar has lost capacity to remain independent or cannot be considered to be an impartial person, in any manner.