Tayyaba Gul harassment case: IHC raises questions over jurisdiction of PAC

ISLAMABAD: The Islamabad High Court (IHC), Friday, raised questions over the jurisdiction of the Public Accounts Committee (PAC) in matters related to Tayyaba Gul harassment case.

A single bench of Chief Justice Aamer Farooq heard the two identical petitions filed by the former NAB chief Javed Iqbal who is also Chairman Commission of Inquiry on Enforced Disappearance and former Director Gen eral NAB Lahore Shahzad Saleem.

Iqbal moved the court against the PAC’s recommendations to remove him as head of the Commission of Inquiry on Enforced Disappearance while Saleem approached the IHC against the summons issued by the PAC in Tayyaba Gul harassment case.

During the hearing, Justice Aamer said that the court would see whether such matters fall or not in the ambit of the PAC. He added that while referring to the judgments of the Supreme Court of Pakistan, the petitioners have adopted the stance that the PAC jurisdiction is limited to financial matters.

Additional Attorney General Munawar Duggal said that this matter could be sent back to the Parliament.

The IHC chief justice said that whether the PAC would also hold inquiry of a murder case. He mentioned that the PAC had restored the employees of the Agricultural Research Council but then IHC chief justice ruled that it was not the authority of the committee.

Justice Aamer said that the question is whether harassment matter falls under the ambit of the PAC? He further said that no institution can interfere in the affairs of other institution, adding legislation is the job of the parliament, while it is the responsibility of the judiciary to interpret it.

The IHC CJ remarked that the executive and the judiciary cannot interfere in the affairs of each other. He continued that the PAC could not sentence anyone even in matters related to financial regularities and it sends the matter to the relevant forum.

Advocate Hafiz SA Rehman, representing the PAC, requested the court to hear his arguments as well. However, the IHC bench directed him to present his arguments at the next hearing and deferred the proceedings till February 24.

In this matter, the petitioner challenged the minutes of the meeting of the PAC held on 07.07.2022 and the PAC’s decision to approach the prime minister for his removal as head of the Commission of Inquiry on Enforced Disappearance.

Copyright Business Recorder, 2023