ISLAMABAD: Former chairman of National Accountability Bureau (NAB), Justice Javed Iqbal (retd) approached the Islamabad High Court (IHC) against the Public Accounts Committee’s summon to appear before the committee.
A single bench of Acting Chief Justice Aamer Farooq will take up the petition Tuesday (today).
Former NAB chief Javed Iqbal, who is also Chairman Commission of Inquiry on Enforced Disappearance, on Monday filed the petition through advocate Shoaib Shaheen and cited federation through Secretary Ministry of Parliamentary Affairs, Secretary, Ministry of Interior, Speaker through Secretary National Assembly, Chairman PAC, and additional secretary PAC as respondents.
The former NAB chief submitted that vide impugned minutes of the PAC meeting held on 07.07.2022 observed; “Serious allegation has been levelled against the former Chairman, NAB who is also currently heading the Commission on Enforced Disappearance should not hold such office and decided to approach the PM to remove him from the post.”
He contended that all these directions are beyond the scope and ambit of the jurisdiction vested in the Public Accounts Committee as envisaged in Rule 198, 201(5), 202 and 203 of the rules of the Procedure and Conduct of Business in the National Assembly, framed under the provision of Article 67 of the Constitution.
He added the directions envisaged in the impugned Minutes of Meeting are evidently in contravention to the mandate of Law and the prescribed Rules of Procedure. “These violations are beyond jurisdiction and in complete oblivion to the due process of law and the rule of Law. They are not merely irregularities in procedure rather substantive contravention of the provision of the Constitution and applicable Law. It depicts the violation of Audi AlterumPortam in the complete obliteration of the principles of natural justice and the provision of the Constitution,” maintained the petitioner.
He further said that these directions are void non-est, ultra vires to the law and the oath, illegal and of no legal consequence whatsoever. He, therefore, prayed to declare all actions, directions and proceeding undertaken by the PAC in consequence of the impugned direction vide Minutes of Meeting dated 07.07.2022 as void, non-est, ultra vires, illegal and in excess of the respondents’ authority and jurisdiction consequently bearing no legal effect whatsoever on the principles of equity, fair play.
He also requested the court to grant a mandatory injunction under its inherent and Constitution jurisdiction restraining the respondents from taking any action, direction and proceedings in peculiar circumstances of the interest of the instant case which surmounts to be of great public importance.
Copyright Business Recorder, 2022
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