Sexual harassment charges of Tayyaba Gul: IHC issues notices to federation, PAC

ISLAMABAD: The Islamabad High Court (IHC) issued notices to the federation and the Public Accounts Committee (PAC) in Director General National Accountability Bureau (NAB), Lahore petition against the PAC’s summon to answer the sexual harassment charges leveled by Tayyaba Gul.

A single bench of Acting Chief Justice Aamer Farooq on Wednesday heard the petition of DG NAB Lahore Major Shahzad Saleem (retd) and after hearing the arguments barred the PAC from taking any “coercive measure” against the DG.

Justice Aamer said in his written order stated, “Let notice be issued to the respondents, who shall file the reports and parawise comments/reply, before the next date of hearing. Meanwhile, no coercive measure shall be adopted for procuring the attendance of the petitioner before the Public Accounts Committee,” it added.

Jahanazeb Khan Bharwana, additional prosecutor general NAB informed the Court that the petition on the same subject has also been filed by the NAB. Bharwana submitted that in light of the recent judgment of the Supreme Court, this Court has the jurisdiction to interfere in the matter inasmuch as the immunity granted to the parliamentary proceedings.

The prosecutor said that the question here is not of irregularity of procedure, but rather the substantive issue. He contended that the functions of the PAC are defined and explained in Regulation 203 of the Rules of Procedure and Conduct of Business in the National Assembly 2007. He submitted that the subject in hand does not fall within the domain of the functions as provided in Regulations 203, hence, the entire exercise by the PAC is without lawful authority.

The Deputy Attorney General opposed the petition; and submitted that proceedings of the PAC are within the four walls of the National Assembly hence are protected from scrutiny in judicial review.

The petitioner’s counsel adopted the submissions made by the additional prosecutor general NAB and took the Court through the minutes of the proceedings of the PAC to show that the same are without jurisdiction and lawful authority.

After hearing the arguments, the IHC bench issued notices to the respondents and deferred the hearing till July 27 for further proceedings. Meanwhile, the bench also issued notices to the party in an application of Tayyaba Gull who prayed before the court to permit her to become a party in this case.

The DG NAB has moved the IHC through advocate Safdar Shaheen Pirzada and cited the federation through the secretary National Assembly (NA), chairman PAC, secretary PAC, and additional secretary PAC as respondents, and requested the court to declare the notice issued him, 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 the 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).”

Copyright Business Recorder, 2022