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Islamabad high court terms illegal NAB notices to Imran Khan and Bushra Bibi

Islamabad High Court terms NAB notices to Imran Khan and Bushra Bibi illegal

ISLAMABAD: Islamabad High Court gave a big relief to Imran Khan and Bushra Bibi on Saturday by declaring unlawful the NAB notices issued to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, in the Toshakhana case.

The court remarked this on Saturday while hearing pleas of Khan and his spouse wherein they challenged the call-up notices that NAB issued to them on Feb 17 and March 16 this year.

Imran Khan and Bushra Bibi filed their petitioners under Section 19 of the National Accountability (second amendment) Act 2022. Thus, the court declared the NAB call-up notices and disciplinary action illegal.

In its verdict involving seven-page, the court said that the call-up notices sent by NAB possessed no legal effect.

The court’s decision pointed out that it was “needless to observe that NAB shall be at liberty to issue fresh notices to the petitioners in line with the observations made hereinabove as well as law on the subject”.

Citing Section 19(e) of the NAB amendment act 2022, the verdict stated that the provision under the section wasn’t followed which makes it compulsory that an individual is being summoned as an accused or witness.

Moreover, the verdict also mentioned that the Sindh High Court also laid down the principles in a case back in 2007. Also, these principles were endorsed by the Supreme Court in the Arsalan Iftikhar case. The Islamabad High Court followed the principles in the Rukhsana Bangash case.

Following are the principles mentioned in the IHC’s verdict:

  • If notice is issued to a person, who is a suspect in an inquiry or investigation, and the nature of the allegations against him (must be stated).
  • The name and identity of the complainant; if NAB has initiated an inquiry/investigation, then it should be stated so in the notice.
  • Documents, if any, sought from a person called as suspect or witness (should be stated).
  • If a person is called as a witness, it would be so stated in the call-up notice.
  • If the custodian of any material document or record is called for the examination of same, the call-up notice should state the details of the documents and record.
  • Date, time, and place, where the person called, is to appear (should be stated).
  • Any other relevant information (should be stated).

Islamabad High Court today disposed of the petitions of Imran Khan and his wife on Saturday.

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I am an experienced writer, analyst, and author. My exposure in English journalism spans more than 28 years. In the past, I have been working with daily The Muslim (Lahore Bureau), daily Business Recorder (Lahore/Islamabad Bureaus), Daily Times, Islamabad, daily The Nation (Lahore and Karachi). With daily The Nation, I have served as Resident Editor, Karachi. Since 2009, I have been working as a Freelance Writer/Editor for American organizations.

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