Notices to Centre, NAB in plea against Shahbaz, Khawaja brothers’ arrest

LAHORE: The Lahore High Court Tuesday issued notices to the federal government and the National Accountability Bureau (NAB) on a public interest petition challenging the arrest of Leader of Opposition in National Assembly Shahbaz Sharif, former railways minister Khawaja Saad Rafique and his brother former provincial minister Khawaja Salman Rafique.

Senior lawyer AK Dogar of Lawyers Foundation for Justice filed the petition challenging the arrest of the PML-N leaders for being a violation of their fundamental rights. He contended that the Supreme Court in a celebrated case “Khan Asfandyar Wali vs Federation of Pakistan-2001” had declared Section 24 (d) of the NAB Ordinance ultra vires of the Constitution within an observation that the clause denies the right of an accused to consult and be defended by a legal counsel of his/her choice.

He stated that the apex court had also observed that the ordinance required to be suitably amended. The lawyer said that 17 years have passed, but the clause had not been amended despite a clear direction of the SC. He argued that the enunciation of the law by the apex court is applicable to the clause 24 of the ordinance.

Therefore, he asked the court to declare the arrest of Shahbaz Sharif and Khawaja brothers unlawful for being detained unconstitutionally and need to be released under Article 4 of the Constitution.

The NAB had arrested Sharif in Ashiana-i-Iqbal Housing Scheme scam on charge of misuse of his power being chief minister of Punjab while the Khawaja brothers in Paragon City scam. At present, Shahbaz Sharif is on judicial remand after undergoing physical remand with the NAB for 62 days while Khawaja brothers are still on physical remand with the NAB.