Islamabad: The Islamabad High Court declared the National Accountability Bureau (NAB) notifications to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, in the Toshakhana case unconstitutional.
Moreover, The former prime minister and Bushra Bibi won their appeals against the anti-graft watchdog’s February 17 and March 16 call-up summons.
Moreover, The petitions filed under Section 19 of the National Accountability (second amendment) Act 2022 asked the court to declare NAB call-up notifications and disciplinary proceedings against petitioners unconstitutional.
While, The seven-page ruling declared NAB call-up notices unenforceable.
It was ‘needless to observe that NAB shall be at liberty to issue further notifications to the petitioners in keeping with the observations made hereinabove as well as law on the topic’.
Moreover, The judgement noted that Section 19(e) of the NAB amendment act 2022 not followed, which requires summoning an accused or witness.
While, In 2007, the Sindh High Court established the principles, according to the ruling. The Supreme Court confirmed these principles in the Arsalan Iftikhar case, and IHC followed them in the Rukhsana Bangash case, it added.
The rules:
If a suspect served notice, the allegations against him should be mentioned.
The complainant’s name and NAB’s inquiry/investigation should disclosed in the notice.
State any documents requested from a suspect or witness.
In the call-up notice, witnesses are identified.
The call-up notice should list the documents and records examined by the custodian.
State the person’s appearance date, time, and venue.
Any additional information.
Khan and his wife’s appeals dismissed with these observations.
