Toshakhana case: IHC serves notices on NAB for not following SOPs

ISLAMABAD: The National Accountability Bureau (NAB) was on Monday served a notice by the Islamabad High Court (IHC) for not following the standard operating procedures while summoning Pakistan Tehreek-e-Insaf Chairman Imran Khan and his wife Bushra Bibi in the Toshakhana case.

NAB had issued call-up notices to Imran Khan and Bushra Bibi on February 17 and March 16. The PTI chief’s spouse, in turn, challenged the notice in the IHC.

Bushra Bibi’s petition prayed to the court that the NAB call-up notices should be declared illegal. The plea also sought a stay in the inquiry till the final verdict in the Toshakhana case and the petitioner also prayed the court to stay the disciplinary action against them based on the call-up notices.

A division bench headed by IHC Chief Justice Aamer Farooq heard the pleas.

Imran Khan and Bushra Bibi’s counsel Khawaja Haris said that the NAB notices did not state in which capacity the information was sought, as “providing complete information about the notices is mandatory for NAB as per judicial orders”.

When CJ Farooq asked of the procedure of serving notices according to the NAB amendments, Khawaja Haris explained: “The amendment act says that the NAB must establish a reason and communicate it [to the receiver] for summoning someone. As per the amendment, it should be mentioned whether anyone was summoned as an accused or summoned for any other reason.”

CJ Farooq asked if Imran Khan received the summons.

Presenting the call-up notices before the court, Khawaja Haris said that information wasn’t provided in the notices. “It only mentioned that it was about an inquiry against public office holders.”

The lawyer said the Cabinet Division and Federal Board of Revenue were also involved in the Toshakhana gifts case.

According to local media reports, the CJ asked if Imran Khan appeared before the NAB in response to these notices. “No he did not, but submitted a written reply,” the lawyer said.

Justice Saman Rafat Imtiaz asked if the NAB took any action against Imran Khan. “No, it did not,” said Imran Khan’s lawyer.

“Maybe they [NAB] are convinced with Imran Khan’s response that there was no case,” CJ Farooq observed.

The lawyer said the petitioners fear that the NAB will turn the inquiry into an investigation.

The court then asked the NAB prosecutor to present his arguments. The IHC CJ asked if a notice was served on Imran Khan again. The NAB prosecutor informed the court that a reminder was sent to the former prime minister.

“Your notices do not reflect compliance with judicial orders. We are not restricting NAB from anything now,” CJ Farooq remarked before reserving the verdict on Imran Khan and Bushra Bibi’s pleas.

The court announced the verdict later while issuing notices to NAB for its reply.