IHC declares NAB notices in gifts case illegal

Court says bureau can issue new notice after fulfilling all requirements of law

ISLAMABAD:

The Islamabad High Court (IHC) on Saturday declared the notices issued by the National Accountability Bureau (NAB) to PTI Chairman Imran Khan and his wife Bushra Bibi “are not in accordance with the law, therefore they have no legal status”.

IHC Chief Justice Aamer Farooq and Justice Babar Sattar issued a detailed seven-page decision that stated that the bureau, according to the NAB amendment, has to state in the notice whether it is summoning the former prime minister and his wife as an accused or in any other capacity.

“While sending notices to Imran and Bushra Bibi, Section 19(E) of the NAB amendment was not fully implemented,” the IHC observed.

The court added that if the person is an accused, he should be informed of the charges so that he can present his defence.
The IHC further maintained that the accountability bureau can issue a new notice after fulfilling all the requirements of the law.
“This amendment of NAB shows that it was done to fulfill the requirements of Article 10A fair trial,” noted the IHC.

The former prime minister and his wife had pleaded in a petition before the IHC filed through Khawaja Haris Ahmed and Barrister Gohar Ali Khan that the anti-graft body had issued the notice in violation of Section 19 of the National Accountability Ordinance.

“The contents of the call-up notice unambiguously establish that the respondent [NAB] had, through their impugned notice, initiated a fishing exercise, rather than complying with the provision of law before issuing the same,” the petitions stated.

The court was thus requested to declare the NAB notice illegal.

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The move came as the NAB summoned the PTI chief and the former first lady in the Toshakhana case. The NAB team arrived at Imran's Zaman Park residence to deliver the notice to Bushra, who was summoned on March 21.

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

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

NAB inquired about jewellery sets presented to Bushra, which included a Rolex watch, a gold and diamond locket gifted by the Emir of Qatar, and two necklace sets presented by the Saudi crown prince on September 18, 2020, and May 21, 2021, respectively.

The notice stated that the “competent authority has taken cognisance of an offence allegedly committed by the accused persons under the provisions of NAO, 1999”.

“In this regard, the inquiry proceedings have revealed that during your tenure in office you retained some state gifts presented to you by various foreign dignitaries including the following luxury items — five Rolex wristwatches; one iPhone presented by Chief of Staff, Qatar Armed Forces, dated 14.11.2018; (No. E67574V3), a pair of cufflinks, one ring; unstitched cloth from Crown Prince of Saudi Arabia dated 18.09.2020; Graff gift set containing one Graff wristwatch Master Graff Special Edition Mecca timepiece, one 18K gold and diamond Graff pen and a ring and pair of cufflinks with micro-painting of Mecca,” it added.

Toshakhana, operating under the Cabinet Division, is tasked with safeguarding valuable items and presents gifted to Pakistani public officials. Imran has encountered legal challenges due to his possession of gifts cited in the NAB notice, resulting in his previous disqualification by the Election Commission of Pakistan (ECP). Additionally, Imran is scheduled to be charged in a distinct Toshakhana gift-related lawsuit by the IHC on May 10.

Miscellaneous petitions

Imran has also filed two civil miscellaneous applications, seeking directions to club all his cases at one appropriate venue and permission for audio/video-link during his court appearances.

The applications were filed by the petitioner through his counsel Barrister Salman Safdar in the Lahore High Court (LHC) on Saturday.

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Imran's counsel requested the court to direct concerned authorities to make necessary arrangements for conducting all cases against the petitioner at a specified venue or court, minimising disruption to other judicial work, and ensuring foolproof security arrangements for everyone present during the proceedings, including judges, lawyers, litigants, and court staff.

Separately, the PTI chief prepared a “special” power of attorney, nominating lawyer Naeem Panjutha as his substitute for court proceedings.

According to the power of attorney, a copy of which is available with The Express Tribune, Panjutha has the authority to file petitions, appeals, and intra-court appeals in all courts.

Furthermore, the lawyer also has the authority to record a statement in court on the former prime minister’s behalf.

Imran has maintained in the power of attorney that due to personal engagements as party chief, he cannot appear in court in civil and criminal cases.