The Islamabad High Court Tuesday turned down a petition challenging the appointment of Leader of the Opposition Shahbaz Sharif as chairman of the Public Accounts Committee (PAC).
A division bench of IHC comprising Chief Justice Athar Minallah and Justice Mohsin Akhtar Kayani announced the verdict, which it had reserved on December 31 after hearing the petition moved by Riaz Hanif Rahi Advocate.
The dual bench rejected the petition by terming the same as non-maintainable. "We are satisfied that this petition is without merit and it is, therefore, accordingly dismissed in limine," said the judgment.
The appointment of respondent No. 8 (Shahbaz Sharif) as chairman of PAC has been made by the Speaker in accordance with the procedure prescribed under the Rules of Procedure and Conduct of Business in the National Assembly, 2007 and pursuant to an understanding reached between the treasury and opposition benches.
The Speaker, while exercising discretion under Rule 108 of Rules of Procedure and Conduct of Business in the National Assembly, 2007, has to, inter alia, take into consideration the rights of the constituents, particularly that they cannot be allowed to go unrepresented.
In the last hearing, Justice Athar Minallah had remarked that anyone who has been accused is innocent until the case is proved against him in the court. He added that it is an internal matter of the Parliament. The IHC CJ said that it is a political matter and they could not ignore Article 69 of the Constitution.
The petitioner moved the court through his counsel GM Chaudhary Advocate and cited federation through secretary law, Prime Minister Imran Khan, secretary parliamentary affairs, secretary finance, auditor general of Pakistan, Speaker National Assembly and Opposition Leader Shahbaz Sharif, chairman National Accountability Bureau (NAB) and others as respondents.
He adopted in the petition that Shahbaz's appointment as the chairman of the committee is illegal while issuance of the PML-N leader's production orders was also a violation of accountability laws and a reference should be prepared regarding the violation of Section 31 of the National Accountability Bureau (NAB) Ordinance.
The petitioner requested the court to direct the Punjab chief secretary to take Shahbaz into custody and hand over his custody to concerned law enforcing agency. He contended that as long as there is a conflict of interest, Shahbaz should not be allowed to lead PAC and all benefits of being a PAC chairman should be revoked.
The petitioner prayed to the court that Shahbaz may be directed to show under which authority of the law and the Constitution, he is chairing the meeting of the PAC in violation of provisions of the Code of Criminal Procedure being an accused person when he is required to be detained in judicial custody, prison or prosecution's custody under the relevant provisions of the laws.
He added that the court may also direct the Speaker National Assembly to show under which authority of law and the Constitution, he has issued production order of Shahbaz Sharif when he is required to be kept in custody.
Therefore, he requested the court to set aside the production orders issued by Speaker National Assembly for Shahbaz under provisions of the Rule 108 of the Rules of Procedure and Conduct of Business in the National Assembly 2007 which are internal procedural rules and cannot override the provisions of the Code of Criminal Procedure 1898.