ISLAMABAD: The Islamabad High Court ruled on Saturday that the notifications sent to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, in the Toshakhana case by the National Accountability Bureau (NAB) were unlawful.
The former prime minister’s most recent success was at the hearing of his and Bushra Bibi’s appeals against the call-up orders issued by the anti-graft body on February 17 and March 16.
The petitions filed under Section 19 of the National Accountability (second amendment) Act 2022 asked the court to deem the NAB call-up notifications and the disciplinary action imposed against the petitioners based on the call-up notices illegal.
The call-up notifications sent by NAB had no legal significance, according to the seven-page verdict.
According to the statement, it is “necessary to note that NAB shall be at liberty to issue fresh notices to the petitioners in line with the observations made hereinabove as well as applicable law.”
The judgement cited Section 19(e) of the NAB Amendment Act 2022 and ruled that it was not implemented, which makes it mandatory that a person be summoned as an accused or witness.
The ruling further noted that the Sindh High Court had established the guiding principles in a case from back in 2007. In the Arsalan Iftikhar case, the Supreme Court approved these guidelines, and the IHC likewise adhered to them in the Rukhsana Bangash case, it was further said.
The principles laid down are as follows:
- If a suspect in a probe or investigation receives notice, it should include information on the claims made against him.
- The complainant’s name and identify; if the NAB has opened an inquiry or investigation, such information should be included in the notice.
- Documents, if any, requested from a suspect or witness should be specified.
- The call-up notification will specify if a person is called to testify.
- The call-up notice should include specific information about the documents and records if the custodian of any important documents or records is requested to examine them.
- The caller’s appearance time, date, and location should all be specified.
- Any other information that is relevant should be given.
The court dismissed the Khan and his wife’s applications with the above observations.
