ISLAMABAD: The Islamabad High Court (IHC) on Monday warned the National Accountability Bureau (NAB) for summoning Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, in the Toshakhana case without following regular operating protocols (SOPs).
Khan and Bushra Bibi challenged the anti-graft watchdog’s February 17 and March 16 call-up notices at the IHC.
Bushra Bibi petitioned the court to deem NAB call-up notices unconstitutional.
It asked the court to change the investigation. As well as delay the petitioners’ call-up notice-based disciplinary action until the Toshakhana issue decided.
The IHC Chief Judge Aamer Farooq-led division bench heard the pleas.
Khawaja Haris, the former premier and first lady’s lawyer, claimed that the NAB’s notices didn’t specify the information’s purpose.
Moreover, Lawyer Haris said NAB must provide comprehensive notice information per judicial instructions.
Afterward, Judge Farooq asked regarding serving notices under the current NAB reforms.
“The Amendment Act says the NAB must establish a reason and communicate it [to the receiver] for summoning someone,” the lawyer replied.
“As per the amendment law, it should be mentioned whether anyone was summoned as an accused or summoned for any other reason.”
Summons
Judge Farooq asked if Imran Khan received the summons.
In court, the lawyer showed Khan’s NAB call-up notices.
“We weren’t provided information in the notices. It only mentioned that it was about an inquiry against public office holders,” the lawyer said.
In the Toshakhana gifts affair, the Cabinet Division and Federal Board of Revenue (FBR) were also public offices.
The IHC CJ questioned if Imran Khan appeared before NAB authorities in response to these notices.
“He sent a written response only,” the lawyer said.
Judge Saman Rafat Imtiaz questioned if the NAB punished Khan for his response. “No, it did not,” the lawyer said.
“Maybe they [NAB] are convinced with Imran Khan’s response that there was not case,” Judge Farooq said.
The lawyer claimed petitioners feared NAB would investigate the inquiry.
The lawyer said the notification given the day after Aftab Sultan quit.
The NAB prosecutor then argued.
The IHC CJ questioned if Khan received another notice.
The NAB prosecutor informed the court that the former premier reminded.
“Your notices do not reflect compliance with judicial orders. We are not restricting NAB from anything now,” CJ Farooq said before reserving the judgement on Khan and Bushra Bibi’s pleas.
After notifying NAB, the court delivered the verdict.