IHC issues notice to NAB in Toshakhana probe over Bushra Bibi's plea

Court announces reserved verdict on maintainability of petitioner's plea challenging notices sent on Feb 16 and 17

ISLAMABAD:

The Islamabad High Court (IHC) issued notices on Monday to the National Accountability Bureau (NAB) seeking replies over its investigation into the Toshakhana (gift depository) case while the matter remains sub judice.

The high court announced its reserved verdict over the maintainability of an application filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan's wife and former first lady Bushra Bibi challenging the summons notices issued by NAB.

Chief Justice (CJ) IHC Aamer Farooq and Justice Saman Rafat Imtiaz presided over the hearing.

During the hearing, the petitioner's lawyer Khwaja Haris argued that the NAB notices contained incomplete information.

Read Toshakhana of shame

"They are issuing notices stating that powers were abused without detailing who abused their powers at what level," Haris maintained.

The lawyer argued that NAB was legally bound to provide information about why someone was being summoned, but notices "merely state that the inquiry is against pubic office holders".

"The questionnaire seeks answers but the charges are yet to be detailed," he added, stressing that summons orders can only be issued once it has been clarified whether the concerned party is being ordered to appear as the accused or a witness.

He also said that the orders were issued just a day after former NAB chief Aftab Sultan resigned from his post who "had revealed that there was pressure on him".

Notably, the petitioner had requested the court to declare the notices from February 16 and 17 illegal.

She had requested that the NAB inquiry be stopped from being converted into an investigation until a decision is taken on the application in which NAB has also been made party.

The anti-graft watchdog had summoned Bushra Bibi in the Toshakhana case on March 21.

Earlier, the accountability watchdog had summoned the PTI chief and his wife to their Rawalpindi office on March 9 for an investigation in the Toshakhana case.

Imran's summons notice was sent to his residences at Bani Gala and Chak Shehzad in Islamabad.

Read more Questionnaire sent to Imran in Toshakhana case

In the notice, NAB accused Imran of selling gifts received during his tenure, including four Rolex watches, an iPhone given to him by the Qatar Armed Forces in 2018, as well as valuable watches and other gifts, which was against the law.

On March 18, Additional District and Sessions Judge Zafar Iqbal had cancelled the arrest warrants issued against the former premier in the Toshakhana case, allowing him to leave after marking his attendance without being indicted because of clashes between the police and PTI workers outside the Islamabad Judicial Complex.

It may be noted that in October last year, the Election Commission of Pakistan (ECP) had disqualified the PTI chief under Article 63(1)(p) as it announced its verdict in the Toshakhana reference.

A four-member bench of the ECP had declared Imran's National Assembly seat vacant as it unanimously decided that he had misled officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.

The written ruling read that the PTI chief had “intentionally and deliberately” violated the provisions contained in sections 137, 167 and 173 of the Elections Act, 2017 as he submitted a “false statement” and “incorrect declaration” to the ECP in the details of his assets and liabilities filed by him for the year 2020-21.