LHC orders to make Tayyaba Gul party in ex-NAB chief's petition

Lahore High Court (LHC) Justice Anwaar Hussain ordered to make victim Tayyaba Gul a party in the petition filed by former NAB chief Justice (retd) Javed Iqbal, challenging the formation of the inquiry commission to probe the sexual harassment allegations.

The judge also directed Gul's lawyers to submit a reply before the court by the next date.

The judge was hearing different petitions including a petition filed by the former anti-corruption watchdog challenging the formation of the inquiry commission claiming the motive behind the formation of the commission was to humiliate or take revenge on him.

In earlier proceedings, the judge had granted a stay on notices issued by the inquiry commission. The petitioner's counsel Safdar Shaheen Pirzada had told the court that despite the matter pending in the Islamabad High Court, the federal government constituted an inquiry commission and the commission also issued notice to the former NAB chief.

At the onset of the proceedings, the additional attorney general representing the federal government submitted a reply before the court.

The court directed the quarters concerned to distribute copies amongst petitioners of the federal government's reply. However, the court also extended the stay to the next date.

Opposing the court’s decision to make Tayyaba party in the case, the petitioner’s counsel told the court that the federal government could only form the commission on matters of public interest.

The counsel implored the court to suspend the federal government’s notification on the inquiry commission till the decision of the petition.

He also termed the commission illegal, saying it has no authority to proceed against the former anti-graft crusader.

Other petitions

In another petition, the petitioner Zainab Umair's counsel advocate Azhar Siddique told the court that the federal government on July 23, 2022, issued a notification announcing the formation of an inquiry commission to investigate sexual harassment allegations levelled at ex-NAB chairman Justice (retd) Javed Iqbal and others.

He argued that the commission will investigate allegations of “sexual offences including assault, harassment, outraging and insulting modesty, misdemeanour, misconduct, misuse and abuse of authority” made by the complainant against the alleged offenders, the notification states.

He submitted that previously Tayyaba Gul had alleged before the PAC that the DG NAB 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 to mentally torture him when he was in a custody in ‘fake’ cases. All of these allegations were baseless and were not corroborated with any sort of evidence. However, now a commission has been constituted under Section 3 of the Commission of Inquiry Act, 2017.

He argued that the Section 3 of the Commission of Inquiry Act, 2017 clearly states that the federal government may constitute a commission of inquiry in matters of Public Importance; however, the matter at hand pertains to one single individual which is Tayyaba Gul.

The matter at hand has no nexus with public importance and instead of availing all of the civil and criminal remedies available to her, she has opted for the constitution of the commission for an inquiry which is not only illegal but without jurisdiction as well.

The aforementioned matter is person specific and has no nexus with public importance. This is sheer political victimisation being conducted by Tayyaba Gul who is making up stories and fictitious events which is ruining the image, dignity and reputation of women everywhere.

In view of the foregoing facts and peculiar circumstances of the case, it is most respectfully prayed that the petition is allowed and since the Section 3 of the Inquiry Commission Act, 2017 is vague, indefinite and provides unlimited jurisdiction to the federal government to constitute any commission on the basis of even a single person hence the same in the present form does not set out the nature and the other issues, hence, the same is illegal and ultra vires of the Articles 4, 5, 9, 10-A, 14, 15, 16, 17 and other provisions of the Constitution of the Islamic Republic of Pakistan, 1973.

Advocate Azhar Siddique had also requested in the petition that the impugned notification of July 23, 2022, may kindly be set-aside and declared illegal.

Petitioner Zainab Umair (PTI’s MPA) had filed the petition making respondents to federation of Pakistan (through its secretary cabinet division), Prime Minister of Pakistan (through his secretary), Cabinet Division (through its secretary), Rabia Javeri Agha (chairperson National Commission for Human Rights), Anis Haroon (Member Sindh National Commission for Human Rights) and Nadeem Ashraf (Member Punjab National Commission for Human Rights).