ISLAMABAD: Former prime minister Mian Muhammad Nawaz Sharif has challenged the Accountability Court's summons in the Toshakhana reference in the Islamabad High Court (IHC).
The ex-PM was given last chance by the court to appear before it on August 17; else proceedings to declare him an absconder will begin.
Nawaz Sharif on Saturday filed a writ petition in the IHC under Article 199 of the Constitution, and cited chairman National Accountability Bureau (NAB), presiding officer, Accountability Court (AC), Islamabad, and Muhammad Raheel Azam, IO NAB as respondents. He requested the IHC to set aside the order of Accountability Court dated 29.05.2020, 11.06.2020 and 30.06.2020, and consequent proceedings under Section 87 of CrPC.
He prayed before the Court to declare the actions of the NAB, the AC and the IO NAB (respondents) illegal, unlawful and without any lawful authority; and that the respondents have failed to discharge their legal duty as per mandate of Constitution and law.
He submitted that different "false and fabricated" NAB references were filed against the petitioner and other opposition members in order to tame the opposition, so that they cannot raise their voices against the failures of the government of the day.
Even the neutral international institutions such as the European Union have criticised the conduct of the NAB, he said, and added that Human Rights Watch report was an "eye opener", as it was stressed by the HRW that Pakistan must stop using the NAB against government critics.
The ex-PM submitted that he left Pakistan on 19.11.2019 for the UK for medical checkup and further treatment, with the approval of the government of Pakistan.
He said the IO misled the Accountability Court; therefore, the AC issued bailable and then non-bailable warrants of his arrest.
He maintained that the AC vide impugned order dated 30.06.2020 issued proclamation under section 87 of the CrPC after that media campaign was launched that the petitioner is absconding and not coming to court.
When a warrant is issued by a competent court and it has to be executed outside Pakistan, the mechanism has been provided under Section 93-B of the CrPC, which has not been adopted and no evidence on record shows that any such finding has been recorded by the AC, the petitioner said.
The impugned actions of the respondents are in violation of Articles 4, 8, 9, 10 and 25 of the Constitution.
He submitted that the impugned actions of the NAB and the Accountability Court are not in conformity with the principles of natural justice ensuring right to a fair trial in terms of Article 10A of the Constitution, Article 10 of UDHR and Article 15 of the ICCPR.
Copyright Business Recorder, 2020