ISLAMABAD – The Islamabad Excessive Courtroom (IHC) on Thursday suspended a notification of the Nationwide Accountability Bureau (NAB) to represent a Joint Investigation Staff (JIT) to hold out investigations in opposition to Pakistan Peoples Get together (PPP) chief Syed Khurshid Shah.
A Division Bench of IHC comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani performed listening to of the petition filed by Shah at the moment confined in sub-jail in Sukkur and in addition issued notices to the NAB directing it to submit its reply inside 10 days on this matter.
Khurshid moved the petition via his counsel Mian Raza Rabbani Advocate and cited Chairman NAB and head of JIT as respondents.
He acknowledged that the petition challenges the validity, propriety, legality and reasonableness of NAB notification dated January 2, 2020 via which Chairman NAB has constituted a JIT to hold out investigation in opposition to the petitioner purportedly in train of energy conferred beneath the Nationwide Accountability Ordinance (NAO), 1999.
He added that the moment petition sought a declaration that the impugned notification was notified mala fide, discriminately and ulra vires to the basic rights assured within the Structure.
The petitioner argued that the notification didn’t state the supply of the NAO, 1999 or that of another legislation, beneath which the NAB Chairman had purportedly exercised energy for the formation of the JIT.
He contended, “The impugned notification, does not state the Terms of Reference nor does it specify the exact subject matter of the investigation, into which the JIT is to enquire against the petitioner.”
Based on the petition, “The investigation against the petitioner was completed and a Reference was sent to the Respondent No 1 for betting and finalization, as per the application filed under section 344 Cr.P.C by the Special Prosecutor NAB on December 17, 2019.”
He maintained that whereas issuing the impugned notification, the respondent No 1 has not acted in accordance with legislation and the rules enunciated by the superior courts however has exercised his authority in a fantastic and capricious method.
Due to this fact, the PPP chief prayed to the court docket to declare that the mentioned notification was notified mala fidely, arbitrarily and in extreme train of energy by the Chairman NAB due to this fact, is void ab-initio having no authorized impact within the eye of legislation.
He additionally requested that the court docket could declare that the motion of NAB chairman of formation of JIT and issuance of the impugned notification are actions primarily based on malice therefore liable to be struck down. The petitioner added that the court docket could declare the actions of the pinnacle of JIT of harassing and mentally torturing individuals, who seem earlier than him is in violation of the basic rights as offered within the Structure.