- Legal experts term appointment of TI-P’s Adil Gilani as PMIC chairman’s ‘honorary consultant’ beyond PMIC statute, point out underlying conflict of interest between TI-P and PMIC
The appointment of Transparency International-Pakistan (TI-P) Advisor Syed Adil Gilani as “honorary consultant” to the chairman of Prime Minister’s Inspection Commission (PMIC) is a case of conflict of interest (CoI) and may be challenged in a court of law, lawyers told Pakistan Today, while according to sources, the appointment is mala fide in nature and could badly hurt the credibility of the anti-corruption watchdog.
Though the appointment was made on January 27, Gilani said that he was set to assume charge in the Prime Minister’s Secretariat on Monday. This would be the first-of-its-kind job ever accepted by the leading figure from the TI-P.
Under the contract, Gilani will get an official car with driver, tickets to fly between Islamabad and Karachi twice a month, other allowances and an official with staff in the PM Secretariat.
Gilani said he would now perform two jobs simultaneously; he will be consultant to the Sharif government besides keeping his role as advisor to the TI-P.
Asked whether his job as a watchdog organisation will be compromised, Gilani said TI-P would continue to do its job without any fear or favour. “TIP acts as adviser and observer and will neither become a part of the executive not will it have any role in decision-making,” he said.
Asked how he could do justice to his role in TI-P while being a team member of the prime minister, Gilani said he was also involved with the Sindh government to help check corrupt practices in the provincial government. “No conflict of interest is likely as TI-P is going to guide the federal government to check malpractices,” he asserted.
Gilani asserted that PM’s authority to check corruption lies with the PMIC. He did not agree to the notion that National Accountability Bureau (NAB) was the premium anti-corruption body, saying that the NAB’s role had become controversial now.
“NAB is more involved now to increase corruption. So, the role of PMIC is being revived. I would be representing TI-P in the PMIC. We have to frame an agenda to identify and check corruption. PMIC now would be focusing on checking individuals and organisations involved in the malpractice,” he said.
NO PROVISIONS FOR ADVISOR IN PMIC STATUTE:
Moreover, under the PMIC statute, there is no provision of appointment of a consultant to the PMIC chairman.
The statute and mandate of the PMIC, a copy of which is available with Pakistan Today, says that the commission shall consist of a chairman and such number of other members as the prime minister may from time to time appoint.
According to Clause D of the statute, the PMIC chairman may for any specific purpose or for general assistance to the commission, requisite services of any person as a co-opted member. But there is no provision of a consultant to the PMIC chairman.
Despite repeated efforts, PMIC Chairman Lt Col (r) Saifuddin Qureshi was not available for comments. However, former PMIC chairman Malik Amjad Ali Noon told Pakistan Today that there was no provision of a consultant to the chairman PMIC.
“When I was chairman, there were six members to assist me. We also had a co-opted member to facilitate the technical assistance. But there is no provision for a consultant under the statute,” he added.
SHAHBAZ GOT HIM APPOINTED:
Moreover, a source in the Pakistan Muslim League – Nawaz (PML-N) government told Pakistan Today that Gilani was an “old buddy” Punjab Chief Minister Shahbaz Sharif who was also instrumental in getting him appointed in violation of rules.
The source added that Shahbaz had also accommodated Gilani by inking three memorandums of understanding (MoUs) with TI-P after Gilani unearthed glaring irregularities in laptop scheme.
“Later, Shahbaz signed MoUs with Gilani, making sure that no further scams emerge about malfunctioning of the Punjab government as Pakistan Tehreek-e-Insaf (PTI) had exploited this scam against the Punjab government,” the source said.
The source added that once TI-P was on board, no further scam was reported by TI-P and it was federal government of the Pakistan Peoples’ Party (PPP) which was later targeted by Gilani and company for allegations of corrupt practices.
WHAT LAW EXPERTS SAY?
Noted expert on international law Ahmer Bilal Soofi says that the conflict of interest would badly affect the performance of the anti-corruption watchdog. He said when the government already had anti-corruption experts in National Accountability Bureau (NAB), there was no need to seek a consultant from a private firm.
“Services of such officials could be sought from the NAB. I can’t comprehend the need for taking a consultant from TI-P,” he added.
Hamid Khan Advocate said Gilani’s appointment was another case of how individuals and institutions were being “bought” by the PML-N government. He said the appointment was a “glaring case of conflict of interest but who would pay heed to such a law”.
“When the government is hell bent to cover its misdeeds, they buy loyalties of such organisations and individuals. Sharif brothers knew that no one would point out their corruption if they bribe TI-P. Sharifs believe that if you can buy those who can point fingers at you for your misdeeds, you may go scot-free. Sharif brothers have a price to pay for every individual who is ready to be sold,” he added.
Justice (r) Wajihuddin Ahmed said that the appointment appears malafide and it needs probing. “This is a violation of law. It would badly affect the performance of the TI-P,” he said, adding that there were laws to check appointments of individuals who have a conflict of interest.
Latif Khan Khosa said that Sharif brothers have a “tendency to bribe those who could resist their corruption”. He said the appointment reflected that the Sharifs were now “obliging” the TI-P officials who had targeted the PPP government but they were soft on the Punjab government of Shahbaz Sharif.
He said Gilani cannot work independently while being a team member of the prime minister. He said a sitting governor has also charge-sheeted the Sharif government which spoke volumes of the corruption by Nawaz Sharif but the TI-P remained silent and now its officials were being rewarded.