Days after a victim lifted the lid on the National Accountability Bureau (NAB) former chief’s ‘sleazy conduct’, the federal cabinet on Saturday approved the formation of an inquiry commission and its terms of references (ToRs) to probe into the allegations of sexual harassment.
On July 15, the federal cabinet had approved the proposal of the Ministry of Law and Justice regarding the constitution of an inquiry commission under the Pakistan Commission of Inquiry Act, 2017, to probe into the allegations of sexual offences made by Tayyaba Gul against ex-NAB chairman Justice (retd) Javed lqbal and others.
Among the ToRs, the commission has been tasked to fix the responsibility of any person of public office holder aiding and abetting by any act in the commission of the offences and violations of the laws.
The cabinet has also directed the commission to fix responsibility, if any, jointly and severally, if any person was found delinquent.
The matter had resurfaced after Gul, whose controversial video with the former NAB chairman had surfaced in 2019, recorded her statement before the Public Accounts Committee (PAC) of parliament. She had alleged that NAB officials had stripped her naked, made videos and filed cases, when she refused to comply with Iqbal’s “demands”.
Gul had alleged before the PAC that NAB Director General Shahzad Saleem along with others installed cameras in a room at the bureau’s Lahore Office, stripped her naked and made videos that were later shown to her husband for mentally torturing him, when he was in custody in ‘fake’ cases.
She had also named Azam Khan, who was the principal secretary to PTI chairman and deposed premier Imran Khan, saying he met her after she lodged complaint at the Citizen Portal and asked her to share the evidence with a man, Tahir A Khan, who later ran videos of her with the then NAB chairman on a TV channel.
“Who was the beneficiary of the videos for three years?” she had raised the question.
Given the serious nature of the allegations regarding gender-based violence, the cabinet decided that it was appropriate to nominate members having background in the field of human rights.
It ruled that the inquiry commission shall comprise the members of the National Commission for Human Rights (NCHR).
The inquiry commission has been formed under Section 3 of the Pakistan Commission of Inquiry Act, 2017, and comprises Rabiya Javeri Agha, the chairperson of the NCHR, Ms Anis Haroon, Member (Sindh), NCHR, and Nadeem Ashraf, Member (Punjab), NCHR.
The members have been chosen on the basis of having an impeccable reputation for being the persons of upright character and having specialisation in advocating for human rights, the rights of women and marginalised communities.
While directing the commission to conduct the inquiry, the cabinet has tasked it to inquire into the allegations of sexual offences including harassment, assault, outraging and insulting modesty, misdemeanor, misconduct, misuse and abuse of authority levelled by the complainant.
The commission will determine violation, if any, of integrity of the process of administration of justice, security of person, right to fair trial, absolute inviolability of dignity of person and equality of citizens.
It will also determine, after its inquiry, whether criminal liability, if any, is incurred by any or all persons complained against or any other person or public office holders, by any offences so defined in the Pakistan Penal Code, 1860 (Act).
The ToRs state that the commission will inquire into allegations that Gul was prompted to provide video and audio material by some officials and it was later leaked to a private TV channel for ulterior motive and design.
In addition, it will determine, after inquiry, as whether disciplinary proceedings, if any, are attracted by some persons complained against or any other person, by any of their acts.
The commission shall have all the powers vested in it under the Act as well as additional powers of a criminal court under Section 10 of the Act. The ToRs say that it shall be the duty of all executive authorities in the federation and the provinces to act in aid of the commission in discharge of its functions and to comply with any of its directions.
The secretariat of the commission will be established at the NCHR head office in Islamabad. The Cabinet Division will provide all necessary funds, secretarial support and requisite facilities to enable the commission to perform its functions.
The cabinet has directed that the commission shall initiate the inquiry immediately after the notification of its constitution. It shall conclude the inquiry and submit its report to the federal government.
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