ISLAMABAD: The constitution of inquiry committee to probe data leak of the Securities and Exchange Commission of Pakistan (SECP) was challenged before the Islamabad High Court (IHC). A single bench of IHC Chief Justice Athar Minallah will hear the petition of Muhammad Arslan Zafar, additional director SECP today.
Zafar has made SECP chairman, secretary, and the inquiry committee chairperson Sadia Khan as respondents. The petitioner is serving as additional director, Market Supervision and Risk Department in the SECP, and he is a qualified Chartered Accountant, having obtained his educational degree from the prestigious Institute of Chartered Accounts in England and Wales.
The petitioner mentioned that while serving his duties on Sep 9, HR department head informed him that an inquiry had been initiated against him and he was required to proceed on leave with immediate effect.
He added that his laptop was taken into possession by the HoD, which contained confidential and sensitive information, with respect to ongoing and completed investigations, without complying with any legal formalities such as preparing of a seizure memo etc. Zafar further said on 11-09-2020, the petitioner received a letter dated 10-09-2020 containing the subject "Inquiry Regarding the matter of accessing the database", whereby, through the contents of the said letter, it transpired to him that the Respondent Commission in its 45th meeting held on 08th and 09th September had constituted an Inquiry Committee.
The petitioner said, in due compliance, he appeared before the Inquiry Committee on 16-09-2020, wherein, he fully cooperated with the Inquiry Committee, and responded to all questions posed to him.
In his petition, he challenged the constitution of the Inquiry Committee by the SECP to initiate necessary formal inquiry on account of "potential data leak of SECP Database".
He prayed to the court to declare the Inquiry Report dated 19-09-2020, submitted by the said Inquiry Committee, entirely conjectural in nature and based on mere assumptions and not on facts, and to quote the Inquiry Committee "provide 'circumstantial evidence' of his involvement in potential data leak which may have formed the basis of subsequent media leaks", and in utter violation of the due process of law, as null and void, ab initio and set aside the same, in the interests of justice.
He also requested the court to declare the impugned show cause notice dated 22-09-2020, based entirely on the report of the Inquiry Committee, as null and void, ab inito and set aside the same, on the well settled principle, propounded upon time and again by the Supreme Court, as follows, "if foundation of an action was void, then superstructure built thereon had to fall".
Copyright Business Recorder, 2020
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