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Toshakhana case: Notice issued to NAB for summoning Imran, Bushra Bibi without reason

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  • IHC takes up Khan, wife’s pleas challenging the call-up notices.
  • One petition urges NAB call-up notices be declared illegal. 
  • Court remarks it is “not restricting NAB from anything now”.

ISLAMABAD: The Islamabad High Court (IHC) on Monday issued a notice to National Accountability Bureau (NAB) for summoning Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, in the Toshakhana case without following the standard operating procedures (SOPs).

The IHC took up the pleas filed by Khan and Bushra Bibi, challenging the call-up notices of February 17 and March 16 issued by the anti-graft watchdog.

Bushra Bibi’s petition prayed to the court that the NAB call-up notices should be declared illegal. 

It moved the court to stay the inquiry by changing the investigation till the final decision of the Toshakhana case and also stay the disciplinary action against the petitioners based on the call-up notices.

A division bench headed by IHC Chief Justice Aamer Farooq heard the pleas. 

Khawaja Haris, the counsel representing the former premier and first lady, maintained that the NAB’s notices didn’t state in which capacity the information was being sought.

“Providing complete information about the notices is mandatory for NAB as per the judicial orders,” Advocate Haris said.

At this, CJ Farooq inquired about the procedure of serving notices as per the latest NAB amendments.

“The Amendment Act says the NAB must establish a reason and communicate it [to the receiver] for summoning someone,” the lawyer said responding to the query.

“As per the amendment law, it should be mentioned whether anyone was summoned as an accused or summoned for any other reason.”

At this, CJ Farooq inquired whether Imran Khan received the summons.

The lawyer then presented the NAB’s call-up notices served to Khan, in court.

“We weren’t provided information in the notices. It only mentioned that it was about an inquiry against public office holders,” the lawyer stated.

He further stated that the Cabinet Division and Federal Board of Revenue (FBR), which also come under the banner of public offices, were also involved in the Toshakhana gifts case.

The CJ of the IHC then asked if Imran Khan appeared [before NAB authorities] in response to these notices.

“No he (Khan) did not,” the lawyer replied and added, “He sent a written response only”.

At this, Justice Saman Rafat Imtiaz asked did the NAB take any action against Khan over his response. “No, it did not,” the lawyer replied.

“Maybe they [NAB] are convinced with Imran Khan’s response that there was not case,” CJ Farooq observed.

At this, the lawyer said that petitioners feared that NAB would turn the inquiry into an investigation.

“The notice was served the next day after [former NAB chairman] Aftab Sultan resigned,” the lawyer contended.

The court then asked the NAB prosecutor to present his arguments.

The IHC CJ asked if a notice had been served to Khan again.

At this, the NAB prosecutor informed the court that a reminder had been sent to the former premier.

“Your notices do not reflect compliance with judicial orders. We are not restricting NAB from anything now,” CJ Farooq remarked before reserving the verdict on Khan and Bushra Bibi’s pleas.

The court announced the verdict later while issuing notices to NAB for its reply. 

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Requesting a ban on PTI’s public protest on September 21. LHC dismisses plea

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The Lahore High Court’s three-member full bench made the verdict in response to attorney Nadeem Sarwar’s application.

Sarwar begged the LHC to prevent the PTI from holding a public gathering in Lahore tomorrow.

The LHC bench rejected the application on the grounds that the petitioner is not an “affected party.”

On Wednesday, the Pakistan Tehreek-e-Insaf (PTI) filed a lawsuit in the Lahore High Court (LHC) challenging the arrests made in advance of the party event at Minar-e-Pakistan Lahore.

According to specifics, Sheikh Imtiaz and Yasir Gillani submitted the plea in an attempt to be protected from the detention of its leaders and workers in advance of the September 21 event.

The argument claimed that the Punjabi police are detaining party members in violation of their constitutional right to hold rallies.

In order to allow for a peaceful rally, the petitioners asked the court to order the authorities to cease making arrests.

September 21 is Pakistan Tehreek-e-Insaf’s scheduled rally day in Lahore.

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Doesn’t think this system would succeed, according to Ramesh Kumar of PPP

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“Things seem in control, but they are not really,” he stated. “Shehbaz Sharif has been involved, but I don’t think he can change Pakistan’s destiny,” the PPP chief stated.

“This is the year of the judiciary, and legislation that pertains to it is also being scrutinized,” noted Ramesh Kumar.

“Due to disputes things not being seen to remain in control in the future,” stated the leader of the People’s Party.

“In the absence of internal stability, foreign investment will not come to the country,” he said. “I see things getting very bad and critical over the next three to four months,” Dr. Ramesh Kumar stated.

He said, “There are challenges, I see hardships ahead. Moody’s report comes or not, loans roll over happens or not.”

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Prior to the Lahore demonstration, PTI seeks LHC against arrests.

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The petition requesting protection against the arrests of its workers and leaders prior to the event set for September 21 was submitted by Sheikh Imtiaz and Yasir Gillani.

The petition asserted that law enforcement is apprehending party members throughout Punjab, infringing upon their fundamental right to assemble for a rally.

The petitioners sought a court order to compel the authorities to cease arrests and for the march to occur peacefully.

Pakistan Tehreek-e-Insaf is set to have a demonstration in Lahore on September 21.

Previously, multiple PTI MNAs, including party chairman Barrister Gohar, were apprehended by Islamabad police subsequent to the Sangjani demonstration in Islamabad.

Barrister Gohar and Sher Afzal Marwat were apprehended outside, while Zain Qureshi and Sheikh Waqas Akram were detained within the Parliament House.

Furthermore, law enforcement apprehended Owais Ahmed Chatha, Syed Shah Ahmed, Sahibzada Hamid Raza of the Sunni Ittehad Council, Yousaf Khan, Maulana Naseem Shah, and Ahmed Shah Khattak.

Sources indicated that Speaker of the National Assembly Ayaz Sadiq permitted the detention of PTI Members of the National Assembly outside the premises of the house. The situation occurred after police submitted a copy of the FIR filed against the PTI legislators for breaching SOPs during the public protest on September 8.

Furthermore, three complaints have been filed in Islamabad under the Peaceful Assembly and Public Order Bill, alleging breaches of the event’s NOC. The FIR identifies 28 individuals, including PTI officials Barrister Gohar Ali, Sher Afzal Marwat, Shoaib Shaheen, Omar Gul, Zartaj Gul, Aamir Mughal, Seemabia Tahir, and Raja Basharat.

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