Toshakhana case: IHC disposes of Imran, Bushra Bibi’s pleas against NAB’s notices

ISLAMABAD: The Islamabad High Court (IHC), Thursday, disposed of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his spouse Bushra Bibi’s petitions against the National Accountability Bureau (NAB)’s notices in the inquiry of Toshakhana case.

A division bench comprising Chief Justice Aamer Farooq and Justice Babar Sattar heard the petitions moved by Imran Khan and Bushra Bibi against the NAB’s notices in alleged corrupt practices of retaining state gifts.

During the hearing, the NAB special prosecutor submitted that on 20-07-2022, the Executive Board Meeting (EBM) was held at NAB HQ, wherein, it was decided to authorise the inquiry into the matter. He stated that whereof, the chairman NAB vide letter dated 01.08.2022, delegated powers to the director general NAB Rawalpindi to initiate AN inquiry “against holders of public office and others, regarding misuse of authority, criminal breach of trust and illegal gain in selling gifted state assets.”

The prosecutor further submitted that the inquiry is under process before the Bureau in view of Section 19 of NAO, 1999 as amended, and the call-up notices alongwith questionnaire were served for obtaining information from the petitioner in order to ascertain true facts of the matter under inquiry.

He added that instead of appearing before the NAB or replying to the questionnaire annexed with the call-up notices, the petitioner responded evasively to the call-up notices/questionnaire and did not provide information/documents.

He said that Imran Khan was the prime minister from August 2018 to April 2022. During his tenure in office, the petitioner and his wife Bushra Imran were presented around 108 state gifts. He added that out of those 108 gifts, the petitioner and his wife retained 58 gifts comprising 118 items and assessed to the value of Rs142,123,100.

He further said that from the aforesaid items 14 gifts had value exceeding Rs30,000, while the petitioner paid Rs38,077,050 as per record provided by the Cabinet Division. Therefore, calls-up notices along with questionnaires were issued to the petitioner to seek information strictly in accordance with law.

He adopted the stance that the instant petition is not maintainable in its present form; hence liable to be dismissed. He further said that the petitioner has not approached this court with clean hands, hence not entitled to any discretionary relief from this court.

The NAB added that the petitioner has neither joined nor cooperated in the ongoing inquiry or responded to the detailed questionnaire sent to him by the NAB during the course of the inquiry, hence, the instant petition is liable to be dismissed.

The NAB prosecutor contended that the petitioners challenged the notices dated 17th February and 16th March while the Bureau had also sent them a third call-up notice. He argued that the petition against the first two notices became ineffective following the new fresh notice.

After hearing the arguments, the IHC chief justice directed the NAB to send future notices in accordance with the law. He also observed that the court cannot halt the NAB from taking action and conducting an investigation and disposed of the petitions.

Imran Khan and his spouse moved the court through their counsel Khawaja Haris advocate and Barrister Gohar Ali challenging the legality and vires of the NAB call-up notice upon them in Toshakhana inquiry case.

The petitioners prayed that the NAB had issued the notice in violation of Section 19 of the National Accountability Ordinance.

Copyright Business Recorder, 2023