ISLAMABAD” In the Toshakhana case, the Islamabad High Court has ruled that the notices issued by the National Accountability Bureau (NAB) to Imran Khan, Chairman of the Pakistan Tehreek-e-Insaf (PTI), and his wife, Bushra Bibi, were illegal. The NAB had issued call-up notices to the couple on February 17 and March 16, which were challenged by the couple in their pleas filed under Section 19 of the National Accountability (second amendment) Act 2022.
The seven-page verdict declared that the call-up notices had no legal effect and stated that NAB was free to issue fresh notices to the petitioners in line with the observations made in the verdict and in accordance with the law. The verdict cited Section 19(e) of the NAB amendment act 2022, which requires that an individual being summoned must be either an accused or a witness.
The verdict also referred to the principles laid down by the Sindh High Court in 2007, which were later endorsed by the Supreme Court in the Arsalan Iftikhar case and followed by the IHC in the Rukhsana Bangash case. These principles state that if a notice is issued to a person who is a suspect in an inquiry or investigation, the nature of the allegations against them, the name and identity of the complainant, and any documents sought should be stated. If a person is called as a witness, it should be clearly stated in the notice, and the date, time, and place of appearance should be specified. The call-up notice should also include any other relevant information.
The court disposed of the petitions filed by Khan and his wife based on the above observations. The ruling is a victory for the former prime minister and his wife, who had challenged the NAB’s call-up notices in court.
