ISLAMABAD: Director General (DG) National Accountability Bureau (NAB) Lahore approached the Islamabad High Court (IHC) against the summons issued to him by the Public Accounts Committee (PAC) of the National Assembly (NA) to answer the sexual harassment charges against him, as well as, former NAB chairman Justice (retd) Javed Iqbal by a woman, Tayyaba Gul.
The DG NAB, on Wednesday, filed an application in the IHC through advocate Safdar Shaheen Pirzada and cited federation through Secretary National Assembly (NA), Chairman Public Accounts Committee (PAC), Secretary PAC, and additional secretary PAC as respondents and requested the court to declare the notice illegal.
The petitioner stated that the PAC issued an office memorandum, whereby, it was intimated that a meeting of the PAC is scheduled to be held on 07.07.2022 to discuss the agenda of National Accountability Bureau (NAB), i.e., “Comprehensive briefing on the Recoveries made by NAB with reference to meeting of the PAC held on 07.06.2022 communicated to NAB vide a letter dated 21.06 2022, while the petitioner was again summoned for 14.07.2022 (verbally).
He submitted that the contents of said complaint/ application are irrelevant to matters and the PAC Meeting it has no connection, whatsoever, with the formal transaction of business as detailed in agenda; hence, the same is required to be excluded by the respondents being ultra-vires of their jurisdiction and legal peripheries.
The DG NAB informed that the said applicant has already filed an application on 07.02.2022 with the Accountability Court containing the same set of facts and allegations for summoning NAB officers in person and seeking a direction to NAB for initiating criminal proceedings against complainants, witnesses and all the officials.
He further said that the applicant also sought a direction to NAB for referring the matter to the Accountability Court under Section 18(h) of NAO, 1999 and prayed for their conviction accordingly.
Shahzad said that the Accountability Court No 1 has taken cognizance of the said application and matter being subjudice before the court of competent jurisdiction.
He contended that any parallel proceedings shall be equivalent to stampede the jurisdiction of the Accountability Court. He added that it is worthwhile to submit here that the allegations levelled in application/ complaint filed before the chairman PAC are also subjudice and pending determination before the Federal Shariat Court, Islamabad.
The DG NAB argued that that the impugned said memorandum has been issued in utter oblivion of the fact that the relevant Rules specifically slapped sanctioned embargo the respondents to entertain suchlike matters which are beyond the scope of PAC as delineated/ mentioned in the Rules; hence, it is established that it has been issued in excess of the jurisdiction as ordained in the Constitution and Rules made thereto rendering the same as an illegal, void, and without jurisdiction action which warrants kind indulgence of this Court.
He also argued that the impugned Memorandum issued by the PAC is illegal, ultra-vires, without jurisdiction, void ab initio and is liable to be set aside.
The DG maintained that a bare perusal of Rules of Procedure and Conduct of Business, in the National Assembly, 2007 reveals that the Public Accounts Committee has issued the impugned Memorandum in clear contravention of the prescribed Rules and against the spirit of the Constitution which merits kind indulgence of this Court.
Therefore, he prayed that the impugned Memorandum issued by the PAC in excess of their jurisdiction and proceedings thereof may kindly be declared illegal, void ab initio, ultra vires, of no legal effect and may kindly be set aside, in the interest of justice and fair play.
He further prayed that till the adjudication and final decision of the main writ petition by this court, operation of the impugned Office Memorandum dated 28.06.2022 and proceedings thereof may kindly be suspended.
Copyright Business Recorder, 2022
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