The National Accountability Bureau (NAB) once again incurred the displeasure of the Lahore High Court (LHC) on Thursday by not presenting PTI President Parvez Elahi in court, citing security reasons.
A single-member bench, led by Justice Amjad Rafiq, resumed hearing Elahi's petition against his "illegal" arrest by the country's top graft buster, despite a court order.
The court characterized the repeated arrests of Elahi as a "drama" on Wednesday and summoned the NAB Lahore director-general to explain why the anti-corruption body apprehended the former Punjab chief minister in an undisclosed inquiry. It also instructed NAB to present the politician in court.
However, NAB failed to comply with the court order on Thursday.
The law officer representing the provincial government informed the court that Elahi's life was in danger, preventing his production in court.
The judge asked the lawyer how long NAB intended to keep the PTI leader in custody due to these life threats. He rejected the argument, stating that if Elahi could be presented in an accountability court, he could also be presented in the LHC.
NAB's prosecutor general also raised an objection to the proceedings being conducted by a single-member bench, arguing that NAB cases could only be heard by a division bench.
Justice Rafiq remarked that NAB had the opportunity to file a new application in the court of LHC Chief Justice Muhammad Ameer Bhati to transfer this case to another court. The court's responsibility is to determine whether Elahi's arrest was legal or not, he added.
The court instructed the NAB prosecutor to obtain instructions from NAB authorities regarding whether they planned to present the PTI leader in court or not, and adjourned for a brief period.
Later, in his chamber, the NAB prosecutor assured Justice Rafiq that the graft buster would present the former Punjab chief minister in his court on September 1 (today) at 10 am.
In his petition filed on Tuesday, Elahi referred to the LHC's July 13 order that restrained authorities from arresting him in any blind or undisclosed First Information Reports (FIRs) or pending inquiries.
The petition stated that NAB's alleged inquiry into the illegal awarding of construction contracts in Gujarat during Elahi’s second term as Punjab chief minister was initiated on June 9, 2023.
It mentioned that the anti-corruption agency did not disclose the inquiry even after the LHC’s July 13 order and arrested the former CM outside Rawalpindi’s Adiala jail shortly after his release from the prison on August 14, marking the end of his 30-day detention period.
Elahi's counsel, Amir Saeed Rawn, informed the court on Wednesday that NAB had converted the inquiry into an investigation on July 18 and had issued his arrest warrant on August 11 without informing the accused.
The court expressed dissatisfaction with Elahi's arrest despite the court order. Additional Advocate General Ghulam Sarwar Nihung, representing NAB, defended Elahi's arrest by arguing that the LHC's July 13 order did not issue any specific directions to NAB.
However, Elahi's counsel rejected this argument, stating that the anti-graft body had assured the court that no inquiry was pending against the PTI president.
Justice Rafiq noted that although NAB was not mentioned in the order, it was likely omitted because NAB had informed the court that no inquiry was pending against Elahi. He questioned the sudden initiation of an inquiry, stating, "These consecutive arrests are nothing short of a drama."
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