ISLAMABAD: The Islamabad High Court (IHC) on Monday sought a reply from National Accountability Bureau (NAB) on the petitions filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, against the notices served in Toshakhana case.
Khan and Bushra Bibi had challenged the call-up notices issued by the anti-graft watchdog on February 17 and March 16 in the high court. Bushra Bibi's lawyer Khawaja Haris on her behalf challenged the February 17 and March 16 NAB call-up notices in the court.
It has been stated in the petition that the NAB call-up notices should be declared illegal. The petition sought to stay the inquiry by changing the investigation till the final decision of the Toshakhana case and to stay disciplinary action against the petitioners based on the call-up notices.
A division bench headed by IHC Chief Justice Aamer Farooq heard the pleas.
Khawaja Haris, the counsel representing the former premier and first lady, maintained that the NAB's notices didn't state in which capacity the information was being sought.
"Providing complete information about the notices is mandatory for NAB as per the judicial orders," Advocate Haris said.
At this, CJ Farooq inquired about the procedure of serving notices as per the latest NAB amendments.
"The Amendment Act says the NAB must establish a reason and communicate it [to the receiver] for summoning someone," the lawyer said responding to the query.
"As per the amendment law, it should be mentioned whether anyone was summoned as an accused or summoned for any other reason."
At this, CJ Farooq inquired whether Imran Khan received the summons.
The lawyer then presented the NAB's call-up notices served to Khan, in court.
"We weren't provided information in the notices. It only mentioned that it was about an inquiry against public office holders," the lawyer stated.
He further stated that the Cabinet Division and Federal Board of Revenue (FBR), which also come under the banner of public offices, were also involved in the Toshakhana gifts case.
The CJ of the IHC then asked if Imran Khan appeared [before NAB authorities] in response to these notices.
"No he (Khan) did not," the lawyer replied and added, "He sent a written response only".
At this, Justice Saman Rafat Imtiaz asked did the NAB take any action against Khan over his response. "No, it did not," the lawyer replied.
"Maybe they [NAB] are convinced with Imran Khan's response that there was not case," CJ Farooq observed.
At this, the lawyer said that petitioners feared that NAB would turn the inquiry into an investigation.
"The notice was served the next day after [former NAB chairman] Aftab Sultan resigned," the lawyer contended.
The court then asked the NAB prosecutor to present his arguments.
The IHC CJ asked if a notice had been served to Khan again.
At this, the NAB prosecutor informed the court that a reminder had been sent to the former premier.
"Your notices do not reflect compliance with judicial orders. We are not restricting NAB from anything now," CJ Farooq remarked before reserving the verdict on Khan and Bushra Bibi's pleas.
The court announced the verdict later while issuing notices to NAB for its reply.
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