ISLAMABAD: The Islamabad High Court (IHC) has been urged to declare the National Accountability Bureau (NAB) call up notices to Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan, for selling Toshakhana gift, illegal, without lawful authority, void ab initio, and nullity in the eye of the law.
The PTI chairman on Saturday through advocate Khawaja Haris filed a petition against the NAB notices issued to him in Toshakhana gifts.
The PTI chief further prayed that till the pending final adjudication, the NAB is restrained from converting the inquiry of the impugned call up notices into investigation, or from taking any adverse action against him on the basis of the call up notices.
Imran Khan has challenged the NAB call up notices dated 17-02-23 and 16-03-23 on the ground that they are ultra vires to the provision of Section 19 of National Accountability Ordinance (NAO), 1999. Imran Khan said the notices are mala fides and asked the Bureau to withdraw them as they are violative of the NAB law.
He contended that on March 8, he replied to the first notice and maintained that the notice did not comply with the mandatory provisions of clause (c) of Section 9 of the NAO. He stated that the notice was non est in the eye of law.
He stated that after the reply second ‘Call Up’ notice to him on March 16, wherein, he was asked to appear before the Combined Investigation Team (CIT) on March 21. The second Call Up notice was also replied.
He contended that after the amendment in the law the Section 9 stipulates that any person called to provide information in relation to an offence alleged to have been committed under the Ordinance he shall be informed if he is an accused person or otherwise, and if he is alleged to have committed an offence the he shall be informed of the allegations against him to enable him to file his defence.
Copyright Business Recorder, 2023
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