A game of accountability: PHC restrains NAB from arresting DIG, sub-registrar
Seeks reply from bureau in both cases
Peshawar High Court. PHOTO: PPI
PESHAWAR:
The Peshawar High Court (PHC) restrained the National Accountability Bureau (NAB) from arresting a serving deputy inspector general (DIG) of police in Khyber-Pakhtunkhwa.
A division bench headed by Justice Waqar Ahmad Seth and Justice Syed Afsar Shah heard a writ filed by Barrister Waqar on behalf of his client Fasihuddin on Monday.
NAB claimed DIG Fasihuddin had accumulated assets beyond his known sources of income during his service.
Waqar told the bench NAB had accused his client of amassing illegal assets and has been enquiring into the matter since the past one and a half year. He informed the court his client had also been issued a notice to appear before NAB for interrogation. The lawyer claimed accusations levelled by NAB in the notice were baseless and be declared null and void. The bench after hearing these arguments restrained NAB from arresting the officer and sought a reply from NAB by the next hearing.
The case of sub-registrar
The same bench, in another case, restrained NAB from arresting a sub-registrar who has been accused of transferring government property to someone else’s name.
Lawyer Daniyal Asad Chamkani informed the bench that client Peshawar sub-registrar Dost Muhammad was charged with transferring government property in Fazal Qadeem’s name. However, in light of the reference filed by NAB, his client was not mentioned as a suspect. He argued that since the reference had been filed, NAB had no authority to issue an order and summon him.
The lawyer also said his client transferred the property in light of 1991 and 1997 judgments of PHC and would have committed contempt of court if he refused to transfer the property. Chamkani added the then secretary law had also implied to transfer the property after the court’s order.
He asked the court to refrain NAB from arresting his client since he had not committed any crime. After hearing the arguments, the bench restrained NAB from arresting Dost Muhammad and sought a reply from the bureau in this regard.
Published in The Express Tribune, November 17th, 2015.
The Peshawar High Court (PHC) restrained the National Accountability Bureau (NAB) from arresting a serving deputy inspector general (DIG) of police in Khyber-Pakhtunkhwa.
A division bench headed by Justice Waqar Ahmad Seth and Justice Syed Afsar Shah heard a writ filed by Barrister Waqar on behalf of his client Fasihuddin on Monday.
NAB claimed DIG Fasihuddin had accumulated assets beyond his known sources of income during his service.
Waqar told the bench NAB had accused his client of amassing illegal assets and has been enquiring into the matter since the past one and a half year. He informed the court his client had also been issued a notice to appear before NAB for interrogation. The lawyer claimed accusations levelled by NAB in the notice were baseless and be declared null and void. The bench after hearing these arguments restrained NAB from arresting the officer and sought a reply from NAB by the next hearing.
The case of sub-registrar
The same bench, in another case, restrained NAB from arresting a sub-registrar who has been accused of transferring government property to someone else’s name.
Lawyer Daniyal Asad Chamkani informed the bench that client Peshawar sub-registrar Dost Muhammad was charged with transferring government property in Fazal Qadeem’s name. However, in light of the reference filed by NAB, his client was not mentioned as a suspect. He argued that since the reference had been filed, NAB had no authority to issue an order and summon him.
The lawyer also said his client transferred the property in light of 1991 and 1997 judgments of PHC and would have committed contempt of court if he refused to transfer the property. Chamkani added the then secretary law had also implied to transfer the property after the court’s order.
He asked the court to refrain NAB from arresting his client since he had not committed any crime. After hearing the arguments, the bench restrained NAB from arresting Dost Muhammad and sought a reply from the bureau in this regard.
Published in The Express Tribune, November 17th, 2015.