NAB decided to refer the issue of Gilani to SC

ISLAMABAD: The National Accountability Bureau decided to refer to the Supreme Court the issue of former prime minister Yousuf Raza Gilani’s refusal to appear before the bureau in connection with the controversial appointment of Adnan Khwaja as managing director of Oil and Gas Development Company in 2010.

“We have first referred the matter to the NAB’s legal team and then it will be sent to the Supreme Court,” NAB’s spokesman. The official said the NAB received a letter from Mr Gilani in which he asked for withdrawal of investigation and that he would not appear before it. The former prime minister was summoned by NAB on Dec 4 to record his statement before the investigators in the case of Adnan Khwajawho was reportedly appointed in violation of rules. The Supreme Court in Sept 2010 declared Mr Khwaja’s appointment as the OGDC managing director as null and void. The spokesman said the bureau would seek guidelines from the Supreme Court on the issue of non-appearance of MrGilani before the NAB. “The NAB will send another notice to Mr Gilani if such instructions are given by the Supreme Court,” he said. One of the options the NAB is considering is that the bureau’s investigators can complete the investigation on the bases of record available with the Supreme Court. “Actually the NAB does not want to give exparte decision. Therefore, the statement of Mr Gilaniwas required,” the spokesman said. In his letter, the former prime minister defended his act of appointing Mr Khwaja, saying that “all appointments were made in good faith and like any other constitutional functionary”. Mr Gilani said he was “not answerable for his decisions made in official capacity.” “In addition in absence of any direct and highly convincing evidence of any wrongful gain, it will be highly irrelevant in law to furnish any reply to allegation in question. The prime minister is the final authority in making hundreds of such appointments yet his decision is 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. As such any allegation of illegality or impropriety in these circumstances against the prime minister is based upon misconception of law and constitution,” he said. Prime Minister’s Adviser on Political Affairs Fawwad Chaudhry said under Article 248 of the Constitution no proceedings could be made against the president, prime minister, governors, federal and provincial ministers. When reminded that Mr Gilani was not the incumbent prime minister, he said even then no court proceeding could be initiated against him because the matter in question had taken place when Mr Gilani was the prime minister. The Federal Investigation Agency had also summoned Mr Gilani in a separate case last month but he did not appear there on the same plea that he enjoyed immunity under Article 248 of the Constitution. http://rtilive.pk/detail/7693