IHC restrains PAC from acting against NAB DG
The bench rejects the plea seeking the stay order, and issues notices to the secretaries of the National Assembly and Senate
ISLAMABAD: Islamabad High Court (IHC) on Wednesday dismissed NAB Director General (DG) Shahzad Saleem’s petition against notices for appearance before the Public Accounts Committee (PAC), but restrained the committee from taking any adverse action against the petitioner.
IHC acting Chief Justice Aamir Farooque heard a petition in which secretary National Assembly, PAC Wing, and others were made a party.
NAB DG Shahzad Saleem approached the IHC against PAC’s decision to summon him in the wake of sexual harassment allegations levelled by Tayyaba Gul.
“PAC is going beyond its mandate to summon the NAB DG and the court should declare the PAC notice as void,” NAB prosecutor Jahanzeb Bharwana argued. The Supreme Court in its observations relevant to the case has said that the court could intervene in malicious steps, Justice Aamir Farooque remarked.
Deputy Attorney General Khawaja Imtiaz said that the parliamentary committee’s proceedings could not be challenged in the court. The apex court’s decision could not be applied in this case, the DAG said. The PAC proceedings are exempted from judicial review, he added.
If the Senate chairman could be issued notices, why not the PAC chairman, Justice Aamir questioned. NAB Prosecutor Bharwana pleaded for a stay order on the PAC proceedings.
The bench rejected the plea seeking the stay order, and issued notices to the secretaries of the National Assembly and Senate to enlighten the court on the point that if the PAC had any mandate to someone in matters other than those related to funds. The court adjourned further hearing to a date in office.
Meanwhile, Tayyaba Gul requested the court to make her party to the case. The court inquired how come she was the affected party? Issuing a notice, the IHC directed her lawyer to assist the court on the point that which law governs the question of someone becoming party in some other case.
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