I.H.C. rules NAB’s donation notification invalid; court rules NAB can issue new notice if it satisfies all legal conditions
The NAB summonses issued to PTI Chairman Imran Khan and his wife Bushra Bibi were deemed “not in accordance with the law, therefore they have no legal status” by the Islamabad High Court (IHC) on Saturday.
According to the NAB modification, the bureau must specify in the notice whether it is summoning the former prime minister and his wife as an accused or in any other capacity, as mentioned in the lengthy seven-page judgement given by IHC Chief Justice Aamer Farooq and Justice Babar Sattar.
The IHC noted that “Section 19(E) of the NAB amendment was not fully implemented while sending notices to Imran and Bushra Bibi.”
The court further stated that if the individual is an accused, he must be made aware of the charges against him.
After meeting all legal conditions, the IHC argued, the accountability bureau can issue a new notice.
“This amendment of NAB shows that it was done to fulfil the requirements of Article 10A fair trial,” the IHC said.
The former prime minister and his wife had petitioned the IHC through attorneys Khawaja Haris Ahmed and Barrister Gohar Ali Khan, arguing that the notice had been issued by the anti-graft commission in contravention of Section 19 of the National Accountability Ordinance.
Petitioners argued that “the contents of the call-up notice unambiguously establish that the respondent [NAB] had, through their impugned notice, initiated a fishing exercise,” rather than sending the notice in accordance with the law.
Therefore, it was asked that the court rule that the NAB notification was invalid.
In connection with the Toshakhana case, the NAB has called in the PTI leader and the ex-first lady. On March 21, the NAB team visited Imran’s home in Zaman Park to hand-deliver the summons to Bushra.
On March 9, both the PTI leader and his wife were called to their Rawalpindi office to answer questions about the Toshakhana case from the accountability watchdog.
The Islamabad addresses of Bani Gala and Chak Shehzad were used to deliver the summons notice to Imran.
A Rolex watch and a gold and diamond locket from the Emir of Qatar, as well as two necklace sets from the Saudi crown prince on September 18, 2020, and May 21, 2021, were among the jewellery sets about which NAB enquired.
That the “competent authority has taken cognisance of an offence allegedly committed by the accused persons under the provisions of NAO, 1999” was written on the notice.
“In this regard, the inquiry proceedings have revealed that during your tenure in office you retained some state gifts presented to you by various foreign dignitaries, including the following luxury items: five Rolex wristwatches; one iPhone presented by Chief of Staff, Qatar Armed Forces, dated 14.11.2018; (No. E67574V3), a pair of cufflinks, one ring; unstitched cloth from Crown Prince of Saudi Arabia, dated 18.09.2020; Graff gift set
The Cabinet Division’s Toshakhana is responsible for protecting the precious gifts given to Pakistani government leaders. Legal issues arose for Imran because of the presents mentioned in the NAB notification, and he was already disqualified by the Election Commission of Pakistan (ECP). In a separate case involving a Toshakhana gift, Imran is also expected to be accused by the IHC on May 10.
Various Petition Types
With his two civil miscellaneous applications, Imran is asking the court to allow him to appear in court via audio/video link and for directions to have all of his matters consolidated at a single appropriate location.
The petitioner, represented by Barrister Salman Safdar, submitted the applications with the Lahore High Court (LHC) on Saturday.
Counsel for Imran asked the court to order relevant authorities to ensure that all cases against him would be heard in one location, with as little interference as possible in other judicial matters and with maximum protection for all participants in the hearings.
The PTI leader also made a “special” power of attorney, naming Naeem Panjutha as his legal representative in case he was unable to attend court.
A copy of the power of attorney is on file with The Express Tribune, and it states that Panjutha is authorised to appear before any court and submit petitions, appeals, and intra-court appeals.
The attorney can also make a courtroom speech on behalf of the ex-prime minister.
Imran has said in the power of attorney that he is unable to present in court for civil and criminal proceedings due to personal responsibilities as party chairman.
