ISLAMABAD: The Supreme Court said on Thursday it would not be in a position to determine the protection available to former premier Yousuf Raza Gilani under Article 248 of the constitution unless he claimed appropriate remedy.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry which had taken up a case relating to allegations of corruption and mismanagement in the 2010 Haj arrangements explained that the immunity was available only when it was claimed. The former prime minister would have to ask for the protection in accordance with the law.
The issue surfaced when Advocate Amjad Iqbal Qureshi, the counsel for Mr Gilani, pointed out conflicting opinions given by the law minister in favour as well as against the immunity available to the former prime minister.
The apex court had on Feb 25 ordered the law ministry to examine the case of Mr Gilani who had claimed immunity under Article 248 of the constitution for his alleged role in the illegal appointment of former director general of Haj Rao Shakeel, one of the accused in the Haj scandal.
Subsequently, the law ministry had given the opinion that Mr Gilani enjoyed immunity and, therefore, could not be investigated in the Haj scandal, knowing well that he was no longer prime minister.
An FIA team wanted to investigate Mr Gilani for his alleged role in the illegal appointment of Rao Shakeel.
“You cannot claim immunity while sitting at your house, rather you have to claim it through appropriate legal remedies,” the court observed.
Referring to the issue of bringing back Ahmed Faiz, a Pakistani national and principal accused in the Haj scam, FIA Additional Director (Legal) Mohammad Azam informed the court that the authorities in Saudi Arabia were reluctant to find out his whereabouts.
He said the interior ministry and the Foreign Office had written letters to their counterparts in Saudi Arabia but they had not responded. “We have repeatedly communicated to the Saudi government that Ahmed Faiz is still in Jeddah and that red warrants have been issued for his arrest,” he added.
FIA Director Hussain Asghar informed the court that complete addresses had been provided to the Saudi authorities, but they never raided the place where Ahmed Faiz was living.
Mr Azam said Pakistan had signed an extradition treaty with Saudi Arabia but its officials were also not allowing “us to record the statements of those involved in the Haj scam”.
The court ordered Additional Attorney General Shah Khawar to go through the record of the case. The FIA officials have been asked to continue their efforts to bring Ahmed Faiz back to Pakistan.
The court also ordered the FIA to recover Rs260 million paid by the government to pilgrims from the Haj Foundation’s fund.
Shah Khawar assured the court that he would submit a detail report on the Haj scandal on July 23.