ISLAMABAD - Former chairman National Accountability Bureau (NAB) Justice (retd) Javed Iqbal Monday approached the Islamabad High Court (IHC) against Public Accounts Committee’s (PAC’s) summon asking him to appear before the committee.

A single bench of IHC comprising Acting Chief Justice of IHC Justice Aamer Farooq will Tuesday (today) take up the petition filed by the former NAB chief Javed Iqbal who is also Chairman Commission of Inquiry on Enforced Disappearances. He moved the petition through president Islamabad High Court Bar Association (IHCBA) Shoaib Shaheen Advocate and cited Federation of Pakistan through its Secretary Ministry of Parliamentary Affairs, Secretary Ministry of Interior, Speaker through Secretary National Assembly, Chairman Public Accounts Committee and additional secretary PAC as respondents. In his petition, the former chairman NAB stated that vide impugned minutes of the meeting of the Public Account Committee held on 07.07.2022 in para 7 sub para (iv), “The PAC observed that a serious allegation has been leveled against the former NAB Chairman, who is also currently heading the Commission on Enforced Disappearances, should not hold such office and decided to approach the PM to remove him from the post.”

He adopted the stance that all these directions were beyond the scope and ambit of the jurisdiction vested in the Public Accounts Committee as envisaged in Rule 198, 201(5), 202 and 203 of the rules of the Procedure and Conduct of Business in the National Assembly, framed under the provision of Article 67 of the Constitution of Islamic Republic of Pakistan. He added that directions envisaged in impugned minutes of meeting were evidently in contravention with the mandate of law and the prescribed rules of procedure.

 

 

“These violations are beyond jurisdiction and in complete oblivion to the due process of law and the rule of Law.

 

They are not merely irregularities in procedure rather substantive contravention of the provision of the Constitution and applicable law. It depicts the violation of Audi Alterum Portam in the complete obliteration of the principles of natural justice and the provision of the Constitution,” maintained the petitioner.

He further said that these directions are ultra vires to the law and the oath, illegal and of no legal consequence whatsoever. Therefore, he prayed to the court that this court may graciously accept the instant writ petition and declare all actions, directions and proceedings undertaken by the PAC in consequence of the impugned direction vide minutes of meeting dated 07.07.2022 as void, ultra vires, illegal and in excess of the respondents’ authority and jurisdiction consequently bearing no legal effect whatsoever on the principles of equity, fair play. He also requested the court to grant mandatory injunction under its inherent and Constitution jurisdiction restraining the respondents from taking any action, direction and proceedings in peculiar circumstances of the interest of the instant case which surmounts to be of great public importance.