ISLAMABAD, Dec 6: The Supreme Court issued on Friday its final verdict in the 2010 Haj corruption case, directing the Federal Investigation Agency (FIA) to take action against people involved in the scam and ensure that every pilgrim is reimbursed Rs5,000 paid as extra charge to perform Haj.

The judgment did not specify penalties for former parliamentarians, government officials and tour operators involved in the scandal. However, the names of former prime minister Yousuf Raza Gilani and former religious affairs minister Hamid Saeed Kazmi were mentioned as accused in the verdict.

The court took serious notice of obstruction by the then PPP government and bureaucracy in investigation of the case as well as the trend of re-employment of government officers after their retirement.

“The FIA is directed to take strict action against all persons, including politicians, officers and others in echelons of power who interfered with and hampered the investigation,” the judgment said.

It said: “Haj tour operators charged Rs5000 extra from each Haji, which was in excess of actual amount. Such conduct on their part is tantamount to looting the Hajis who were performing a sacred religious duty.”

The verdict explained that the case remained under trial in the apex court for three years because of several reasons, including political affiliation of the accused, transfer of investigators to different departments and non-extradition of some accused from abroad.

The apex court had taken suo motu notice of the matter on a letter sent to it by Saudi Prince Bander Bin Khalid Bin Abdul Aziz al-Saud alleging corruption and embezzlement in Haj-2010 arrangements by the officials responsible for hiring accommodation for Hajis. The Pakistan pilgrims had faced serious accommodation problem and were charged extra amount by tour operators.

The verdict was issued by three judge-bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S. Khawaja and Justice Amir Hani Muslim.

The court directed the FIA to investigate the matter and determine whether or not the extra amount charged by the authorities has been reimbursed to Hajis.

“The government should issue guidelines regarding Haj arrangements, including hiring of buildings for providing accommodation to Hajis as well as transportation and other facilities during Haj,” the verdict said.

During the hearing of the case, the court was informed that the ministry of religious affairs had charged 700 Saudi riyals from each Haji for providing suitable accommodation in Mina, but failed to do so and let the Hajis suffer.

However, on the court’s orders, the government reimbursed an amount of Rs470 million to about 25,000 Hajis against the rent charged from them.

The investigation was entrusted to the FIA and its Director Hussain Asghar was appointed as head of the probe team. As a result of investigation, criminal cases were registered against a number of accused. Malik Abdullah Mehmood Khokhar, brother-in-law of Hamid Saeed Kazmi, was booked for allegedly receiving Rs200,000 as token money from one Raja Tariq Mehmood, a resident of Rawalpindi, for providing Haj quota for 110 individuals against the payment of Rs2.2 million at a rate of Rs20,000 per person.

An FIR was also registered against a family friend of former prime minister Gilani, Zain Iftikhar Sukhera, for fraudulently obtaining post of information technology consultant (BS-20) in the IT ministry by misrepresenting himself and using fake certificates/degree.

Cases were also registered against Shakeel Ahmad Rao, former director general Haj; Ismail Qureshi, former establishment division secretary; S.M. Tahir, former joint secretary of the establishment division and some others for manoeuvring the appointment of Shakeel Rao as director general Haj in violation of rules.

The verdict also noted that Hussain Asghar had been removed to create hindrance in investigation into the case. After his transfer, things came to a standstill and no progress in investigation was made. He was later sent to Gilgit-Baltistan and appointed as DIG.

It said FIA Director General Malik Iqbal had assured to the apex court that as and when Mr Asghar reported to the FIA, the investigation into the Haj scandal would be handed over to him and the team already working with him would be re-attached with the officer.

Former religious affairs minister Hamid Kazmi was granted bail on statutory ground of delay in the conclusion of trial. This was the reason, the verdict said, the case could not be proceeded/concluded within reasonable time as the post of special judge (Rawalpindi) remained vacant and, therefore, the federal government had been directed to ensure appointment to the post expeditiously.

Regarding the appointments of Zain Sukhera and Rao Shakeel, the verdict said, then prime minister Gilani was required to join the investigation, but through a letter issued by the minister of law and justice on March 1 last year, the then government had informed the FIA that being the prime minister he enjoyed immunity under Article 248(1) of the Constitution.