Shahbaz's appointment as PAC chairman: IHC reserves verdict over Maintainability

The Islamabad High Court Monday reserved its verdict over maintainability of a petition challenging the appointment of Leader of the Opposition Shahbaz Sharif as chairman of Public Accounts Committee (PAC). A division bench (DB) of IHC comprising Chief Justice Athar Minallah and Justice Mohsin Akhtar Kayani heard the case.
During the hearing, Justice Minallah remarked that anyone who has been accused is innocent until the case is proved against him in the court. He added it is an internal matter of the Parliament. The IHC CJ said it is a political matter and they could not ignore Article 69 of the Constitution.
The petitioner, Riaz Hanif Rahi Advocate, moved the court through his counsel GM Chaudhary Advocate and cited the federation through secretary law, Prime Minister Imran Khan, secretary parliamentary affairs, secretary finance, auditor general of Pakistan, speaker National Assembly and Opposition Leader Shahbaz Sharif, chairman National Accountability Bureau (NAB) and others as respondents.
He adopted in the petition that Shehbaz's appointment as the chairman of the committee is illegal while issuance of the PML-N leader's production orders was also a violation of accountability laws and a reference should be prepared regarding the violation of Section 31 of the National Accountability Bureau (NAB) ordinance.
The petitioner requested the court to direct the Punjab chief secretary to take Shahbaz into custody and hand over his custody to concerned law-enforcing agency.
He contended that as long as there is a conflict of interest, Shahbaz should not be allowed to lead PAC and all benefits of being a PAC chairman should be revoked.
The petitioner prayed to the court that Shahbaz may be directed to show under which authority of the law and the Constitution, he is chairing the meeting of the PAC in violation of provisions of the Code of Criminal Procedure being an accused person when he is required to be detained in judicial custody, prison or prosecution's custody under the relevant provisions of the laws.
He added that the court may also direct speaker National Assembly to show under which authority of law and the Constitution, he has issued production order for Shehbaz Sharif when he is required to be kept in custody.
Therefore, he requested the court to set aside the production orders either issued by speaker National Assembly or Shehbaz himself under provisions of the Rule 108 of the Rules of Procedure and Conduct of Business in the National Assembly 2007 which are internal procedural rules and cannot override the provisions of the Code of Criminal Procedure 1898.
The petitioner continued that speaker National Assembly may be directed to ensure that Shehbaz may not participate in the proceedings of the National Assembly until he is having conflict of interest with beneficial legislation meant for general public and people of Pakistan as his oath does not provide participation of Shehbaz in legislative process when he is having implied or expressed conflict of interest.
He added that speaker National Assembly may be directed for not making any payment of salary or perks and privileges to Shehbaz being the chairman PAC until conflict of interest with functions of the PAC is continuing.