ISLAMABAD - Former prime minister, Syed Yousuf Raza Gilani has refused to appear before FIA team investigating Haj corruption case for the second time, terming the fresh notices issued to him to appear before the investigators on November 28 (today) as unlawful, TheNation has learnt.Director, Special Investigation Unit (SIU), FIA, Hussain Asghar who is the chief investigation officer in Haj scam had issued fresh notices bearing Nos FIA/514/C-5/2011/1043,1044& 1045 to former prime minister on November 23. According to the sources in the agency, FIA had issued three separate notices to Mr Gilani against FIR Nos 1, 2 & 3 of 2010 in Haj case after turning down his previous reply submitted on November 18. The former prime minister Gilani in reply to the fresh notices served on him has said that the course adopted by FIA Director Hussain Asghar was improper in having issuing notices to him without seeking legal opinion from the Ministry of Law and Justice Division. Gilani through his counsel has submitted this reply to FIA on November 27 as according to fresh notices served on him, he was asked to appear before FIA on November 28. However, former Prime Minister in his reply has maintained that his previous reply submitted to FIA on November 18 would be treated as 'the reply' to the fresh notices.Ch Faisal Hussain, advocate High Court and the counsel for Yousaf Raza Gilani, on behalf of his client has sated in the reply that the course adopted by Director FIA Hussain Asghar was against all norms of law, justice, good conscience and prosperity, in having issued the said notices without seeking legal opinion from the Ministry of Law and Justice Division.The written reply further says that the undersigned is constrained to add that the haste with which the above titled notices have been sent and addressed clearly establish the apprehensions expressed by the undersigned in para 3 of the earlier response. "It is expected that henceforth you shall follow the aforesaid lawful course contained in the rules of business, law and the constitution," further says Gilani's council in his reply.The counsel for Mr Gilani has said: "A reply has already been furnished vis a vis case FIR no. 3/2010, vide letter dated 18th of November 2012."Earlier, FIA had issued notice to Mr Gilani in Haj corruption scam for appointing Rao Shakeel Ahmed, an officer of district management group (DMG), as Director General Haj in Saudi Arabia in 2009 during his tenure as Prime Minister. 

Mr Gilani is facing allegations of appointing Mr Shakeel at a time when he was not eligible for this post. On November 18, Mr Gilani in response to the notice served on him by FIA had contended that that the notice was in violation of the constitution. Mr Gilani in his reply had said that the prime minister was the final authority in making such appointments. However, he had said that Shakeel's appointment was made on the basis of the summary received from the relevant ministry.Former Prime Minister had further said that any allegation of such kind should be based on evidence and in absence of evidence; it would be highly irrelevant in law to furnish any reply to allegation in question. MR Gilani had also questioned the impartiality of FIA's chief investigator officer, Hussain Asghar, in the case while probing the scam.Ch Faisal Hussain, the counsel for Gilani while talking to The Nation said that under Article 248 (1) of the Constitution, Prime Minister was not answerable to any court in his official functions and so the notice of FIA served on his client were unlawful and had no legal value.