ISLAMABAD: The Acting Chairman of National Accountability Bureau (NAB) approached the Islamabad High Court (IHC) challenging the jurisdiction of the Public Accounts Committee (PAC) to summon former NAB chairman former Justice Javed Iqbal and DG NAB Lahore to answer the sexual harassment charges against them by a woman,Tayyaba Gul.
In this regard, Acting Chairman NAB Zahir Shah moved the court through additional prosecutor general NAB Jhanzeb Khan Bharwana and cited the federation through Secretary Ministry of Parliamentary Affairs, Secretary National Assembly, Chairman Public Accounts Committee, Additional Secretary PAC, and Deputy Director PAC as respondents.
The petitioner stated that the subject matter of this constitution petition emanates from the proceedings undertaken by the PAC on June 24 pertaining to the National Accountability Bureau (comprehensive briefing on the recoveries made by the NAB with reference to a meeting of the PAC held on 07.06.2022) as communicated to NAB vide letter dated 21.06.2022.
He further said that vide impugned Minutes of the Meeting/Memorandum of the Public Accounts Committee Notice, 115th meeting held on 07-06- 2022, wherein, directions have been given to the NAB directly connected with inquiries, investigations, complaints and proceedings before the competent Courts of jurisdiction whereas on the matter regarding alleged sexual harassment and both these directions are beyond the scope and ambit of the jurisdiction vested in the PAC as envisaged in Rule 198, 201(5), 202 and 203 of the Rules of Procedure and Conduct of Business in the National Assembly, framed under the provisions of Article 67 of the Constitution of Pakistan.
The petitioner further said that the subsequent findings vide impugned Minutes of Meeting communicated through covering letter dated 14-07-2022 which culminates from the aforesaid Notice and Memorandum.
He contended that moreover, the findings and directions envisaged in the impugned Minutes of Meeting is 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 provisions of the Constitution and applicable Law,” maintained the acting chairman NAB.
He argued, “It depicts the violation of Audi Alterum Portam in complete obliteration of the principles of natural justice and the provisions of the Constitution. These directions are void non est, ultra vires to the Law and the Oath, illegal and of no legal consequence whatsoever.”
The petitioner also argued, “It is pertinent to mention that the subject matter of this Constitution Petition does not fall within the ambit of Article 69 of the Constitution of Islamic Republic of Pakistan, 1973 since it does not pertain to the proceedings of the Majlis-e-Shoora (the Parliament) and whereas the entire proceedings of Respondent No.4 (PAC) tantamount to abuse and excess of jurisdiction beyond the scope and functions of Respondent No.4 prescribed under the aforementioned Rules.”
He further said that earlier the NAB officers and the Chairman himself appeared before the PAC and replied all the queries raised. However, again the PAC has called all the DGs and officers to appear before it, which otherwise is not warranted as earlier each and every required detail was furnished.
He continued that a detailed reply has again been forwarded to PAC by the NAB on 06-07-2022 and despite the fact that all the details have been furnished by the NAB, the impugned Memorandum has been issued which is in excess of authority and perverse.
Copyright Business Recorder, 2022