ISLAMABAD: The Islamabad High Court (IHC), Monday, issued notices to the National Accountability Bureau (NAB) in petitions filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his spouse Bushra Bibi challenging call-up notices issued by the Bureau in Toshakhana case.
A division bench comprising Chief Justice Aamer Farooq and Justice Saman Rafat Imtiaz heard the petitions against the NAB notices in alleged corrupt practices of retaining state gifts and directed the NAB to submit its response in this matter.
Imran Khan and his spouse moved the court through their counsel Khawaja Haris advocate and Barrister Gohar Ali challenging the legality and vires of NAB call-up notice upon them in the Toshakhana Inquiry case.
During the hearing, their lawyer Khawaja Haris contended that the NAB notices contained incomplete information. He added that they are issuing call-up notices stating that powers were abused without giving details that who abused their powers at what level.
Haris adopted the stance that the NAB was legally bound to provide information about why someone was being summoned, but notices merely state that the inquiry is against the public office holders.
He further said that the questionnaire seeks answers but the charges are yet to be detailed. He also said that summons can only be issued once it has been clarified whether the concerned party is being ordered to appear as the accused or a witness.
The counsel said that the orders were issued just a day after former NAB chief Aftab Sultan resigned from his post who had revealed that there was pressure on him.
In the petition, they challenged the NAB case initiated against them for retaining and “illegally” selling the Toshakhana gifts. The NAB issued notices to Khan and Bushra for retaining state gifts. The anti-corruption watchdog sought details from them including wristwatches and a mobile phone, presented to Khan by various foreign dignitaries.
The bureau also sought details of jewellery sets presented to Bushra, including a Rolex watch, gold and diamond locket presented by the Emir of Qatar, and two necklace sets gifted by the Saudi crown prince on September 18, 2020, and May 21, 2021, respectively.
In the identical petitions, the petitioners prayed to the court that the NAB had issued the notice in violation of Section 19 of the National Accountability Ordinance.
“The contents of the call-up notice unambiguously establish that the respondents (NAB) have, through their impugned notice, initiated a fishing exercise, rather than complying with the provision of law before issuing the same,” the petitions said. It requested the court to declare the NAB notice illegal.
The former first lady challenged the summons notices issued by the NAB and requested the court to declare the notices from February 16 and 17 as illegal. She requested that the NAB inquiry be stopped from being converted into an investigation until a decision is taken on the application in which NAB has also been made a party.
She prayed that until a decision is taken on the application, the NAB should be ordered to stop taking disciplinary action against her.
Copyright Business Recorder, 2023
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