Islamabad High Court Monday sought a report from federal secretary Interior and Director General Federal Investigation Agency (FIA) in response to a petition of former Auditor General Akhtar Buland Rana urging the court to bar the FIA from holding inquiry against him.
After receiving Supreme Judicial Council report during May 2015 that Muhammad Akhtar Buland Rana had committed misconduct on several occasions, President Mamnoon Hussain removed Rana from the office of Auditor General. Filing petition before the IHC through his counsel Taimoor Aslam Khan advocate Rana made Secretary Ministry of Interior, Director General FIA and Inspector Muhammad Afzal Khan Niazi of the Agency as respondents.
Rana submitted that on the grounds of allegations levelled in the reference filed against him before the Supreme Judicial Council, the respondents have initiated inquiry against him saying he has already been punished and removed from service on account of misconduct. The petitioner informed the court in the petition that he was handed over a questionnaire, impugned herein, by the respondent authority vide enquiry number RE-93/2015 of September 17, 2015 which was duly and exhaustively replied by him. Submitting in the matter Rana said that inquiry against him is sheer violation of Article 13 of the Constitution and Section 403 of the Criminal Procedure Code.
The petitioner maintained that during his service as the AG, he wrote two letters to the Prime Minister and the Speaker National Assembly on January 26, 2015 and July 14, 2015 respectively over interference in the work of his constitutional position. Rana claimed that he also recommended measures in the letter for protection of constitutional office of the AG from any influence, however, he alleged, all this was made the basis of initiating present proceedings against him. Terming the inquiry initiated by the respondents against him mala fide in nature and coram non judice Rana said that being the AG he had pointed out serious illegalities/irregularities in finance related issues particularly payment of the circular debt without adopting due process of law. The petitioner prayed the court to declare the respondents inquiry against him without jurisdiction in the interest of justice. After a brief hearing, a single-member bench of IHC comprising Justice Aamer Farooq issued directives to the Secretary Ministry of Interior, Director General of the FIA to submit report in the matter in a week. Hearing of the matter was adjourned for a week.