ISLAMABAD: The Islamabad High Court (IHC), on Saturday, declared the call-up notices issued to Imran Khan and Bushra Bibi by the National Accountability Bureau (NAB) in the Toshakhana case, illegal.
A division bench comprising Chief Justice Aamir Farooq and Justice Babar Sattar, on Saturday, released a seven-page judgment, which stated that after the NAB amendments the Bureau has to state in the notice whether it is summoning the former prime minister Imran Khan and his wife Bushra Bibi as an accused or in any other capacity.
The court ruled that the notices “are not in accordance with the law, therefore, they have no legal status”. “While sending notices to Imran and Bushra Bibi, Section 19E of the NAB amendment was not fully implemented,” the IHC observed. The court added that if the person is an accused, he should be informed of the charges so that he can present his defence. “This amendment of NAB shows that it was done to fulfil the requirements of Article 10A fair trial,” noted the IHC.
In its verdict issued, the court acknowledged that the deputy prosecutor general of the NAB might have been correct in taking a certain position, as the petitioners did not appear in response to the notices. However, the court noted that the notices “were not in conformity with the law”.
The verdict said; “The instant petitions are disposed of with observations that the impugned notices are not in accordance with the law and having no legal effect.” However, the court also observed that the NAB “shall be at liberty” to issue fresh notices to the petitioners in line with the court’s observations.
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, a gold and diamond locket presented by Emir of Qatar, 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’s notice illegal.
Imran Khan and Bushra Bibi had challenged the call-up notices dated 17-02-23 and 16-03-23. Under Section 19 of the Ordinance, the chairman NAB or an officer of the NAB duly authorised by may, during the course of inquiry or investigation of an offence, call for information from any person with regard to an inquiry or investigation for the purposes of satisfying himself, whether there has been any contravention of the provision of the Ordinance or any rule or order made thereunder, likewise, under sub-section (b), NAB can also require a person to produce any document useful for the inquiry or investigation or for that matter examine any person acquainted with the facts and circumstances of the case.
Sub-section (e) was added in Section 19 through National Accountability (Second Amendment) Act, 2022, which was notified on 16-08-22.
Copyright Business Recorder, 2023