Shaukat Aziz’s non-bailable arrest warrants issued

ISLAMABAD: Non-bailable arrest warrants for former prime minister Shaukat Aziz have been issued in a reference pertaining to misuse of authority and causing loss to national kitty. An Accountability Court Judge Arshad Malik has issued the non-bailable arrest warrants for Shaukat Aziz for not appearing before the court in a corruption reference against him filed by the NAB.

During the hearing, Accountability Court Judge Arshad Malik expressed displeasure over the absence of accused Shaukat Aziz and Arifuddin. After issuing non-bailable arrest warrants for Shaukat Aziz, the court adjourned the hearing till 25 February.

Former prime minister Shaukat Aziz is facing a reference for making illegal appointment of Basharat Hasan Bashir as a consultant for the country’s top alternative energy board on MP-II scale salary package. The appointment of Bashir violated MP scale policy guidelines and the board’s regulations of not employing open competition.

Basharat Hasan Bashir was appointed on 01-06-2006 in violation of the MP scale policy guidelines and AEDB’s own Service Regulations without open competition. After expiry of his consultancy contract in May 2008, accused Basharat Hasan Bashir illegally held the said post for almost five years without any extension, notification or regular appointment and kept on enjoying salary and all perks and privileges illegally in connivance with the management of AEDB.

Meanwhile, lawyers of former prime minister Shaukat Aziz, issued statement “to dispel any misconceptions or confusion concerning the misguided attempt by the current government of Pakistan to prosecute our client for alleged misuse of authority. The allegation relates to the allegedly improper appointment of a consultant named Dr. Bashir to Pakistan's Alternative Energy Development Board ("AEDB"). The charges against our client are completely unsupported by any evidence which leads to the clear inference that it is merely a politically motivated slur.

In the letter, Debevoise & Plimpton LLC, London said: “Our client was named as a suspect alongside numerous other former AEDB staff and has been summonsed to appear before the Islamabad Accountability Court. He has not responded to these summons because of credible and persistent threats to his life. Our client narrowly survived an assassination attempt while Prime Minister and for security reasons no longer resides in, or travels to, Pakistan. Having left office in November 2007, due to the ongoing security threat from terrorist groups, in January 2008 Mr. Aziz left Pakistan indefinitely. Despite having family that still reside in Pakistan, our client has not once returned to Pakistan since then. The very real threat to his life were he to do so persists and it is for this reason alone - unrelated to any proceedings which may have named him - that our client cannot travel to Pakistan. He therefore cannot defend against allegations made against him or otherwise seek the assistance of the Pakistani courts in person.

Despite this, our client remains willing to testify before the competent court in Pakistan. He has set out his position in relation to the present allegations, and offered to give evidence from abroad by way of video link, in the attached letter to the Islamabad Accountability Court.

Background to the allegations against Mr. Aziz

With the assistance of the former chairman of the Senate, as well as the former Finance secretary and the former principal secretary to the prime minister, we have carefully investigated the circumstances surrounding the appointment of Dr. Bashir and are able to affirm the following:

• No link between our client and Dr. Bashir: It should be noted that our client: (i) had no personal interest in Dr. Bashir's appointment; (ii) had no personal or professional relationship with Dr. Bashir; (iii) has never met Dr. Bashir; (iv) did not interview Dr. Bashir for the position at AEDB; and (v) any involvement was limited to nominally approving the appointment for headcount purposes, in line with the law and prescribed procedures.

• The hiring process was in strict compliance with the prescribed regulations: In this respect, the Establishment and Finance Divisions of the Government were responsible for reviewing the conditions of Dr. Bashir's appointment. In the early stages of the appointment process, the Finance Division raised an objection on the basis that the position had not been advertised in the open press; a requirement that the Prime Minister has statutory power to override with exceptional candidates, as was the case with Dr. Bashir. In addition, the Establishment Division specifically recommended Dr. Bashir's appointment, notwithstanding the Finance Division's objections.

• AEDB fully supported the hiring of Dr. Bashir: Dr. Bashir was regarded by his employer the AEDB, and in particular AEDB's Chairman, as highly qualified for the role. The Ministry of Power, the Division responsible for the AEDB, was also fully supportive of Dr. Bashir's hiring.

• Ministry of Water and Power recommended the hiring of Dr. Bashir: The Ministry of Water and Power ("MWP") recommended to the Prime Minister that Dr. Bashir be appointed on the highest available pay scale, and on an open-ended contract. Following due diligence carried out by the Prime Minister's Principal Secretary, Dr. Bashir was ultimately appointed on a pay scale one below that recommended by the MWP. Furthermore, Dr. Bashir was awarded a two-year fixed term contract, as opposed to an open-ended contract. This is all contradictory of the allegation that Mr. Aziz misused his authority to grant an undue "pecuniary benefit" to Dr. Bashir.

• Hiring process entirely managed by the relevant Ministries: Our client did not interview Dr. Bashir for the position at AEDB; his involvement was limited to nominally approving the appointment for headcount purposes, in line with the law and prescribed procedures.

In November 2007 - prior to the end of Dr. Bashir's two-year fixed contract - Mr. Aziz's tenure as Prime Minister came to an end. After formally signing off on Dr. Bashir's appointment, Mr. Aziz had no further dealings with Dr. Bashir who temporarily served as acting CEO of AEDB as late as 2013.

Mr. Aziz's present circumstances

We have been in contact with Interpol and the home secretary of the United Kingdom on behalf of our client to seek to prevent action being taken in mistaken reliance on unsupported allegations from the Pakistani authorities.

Since leaving political office, our client has continued his previous career in international business and he currently serves on the boards of companies and non-governmental associations around the world.

As is demonstrated by the complete lack of evidence supporting the complaint and the lapse in time since Dr. Bashir was appointed as an AEDB consultant, the allegations against our client are political in nature and wholly without merit. Mr. Aziz has not allowed these spurious allegations to distract him from his professional obligations which he continues to carry out to the highest standards,” says the letter.