ISLAMABAD: On Monday, the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife, Bushra Bibi, were summoned in the Toshakhana case by the National Accountability Bureau (NAB) without adhering to the usual operating protocols (SOPs).
The appeals Khan and Bushra Bibi made in opposition to the call-up notifications the anti-graft body issued on February 17 and March 16 were heard by the IHC.
In her petition, Bushra Bibi asked the court to rule that the NAB call-up notices were unlawful.
It asked the court to change the investigation until the Toshakhana matter was decided and to halt any disciplinary action taken against the petitioners as a result of the call-up notices.
The pleas were considered by a division bench presided over by IHC Chief Judge Aamer Farooq.
The former premier's and first lady's legal counsel, Khawaja Haris, insisted that the NAB's notices did not specify in what capacity the information was being sought.
According to legal directions, the NAB must give full details about the notices, according to Advocate Haris.
Judge Farooq then asked about the notice-serving process under the most recent NAB reforms.
The lawyer responded, "The Amendment Act says the NAB must develop a purpose and inform it [to the recipient] for summoning someone.
According to the amended law, it must be stated if a person was called as an accused or for any other reason.
Judge Farooq then asked if Imran Khan had received the summons.
The call-up notices that the NAB had sent to Khan were then displayed in court by the attorney.
"The notices had no information for us. It simply made reference to an investigation against public office holders "The attorney said.
He added that the Toshakhana gifts issue implicated the Cabinet Division and the Federal Board of Revenue (FBR), both of which fall within the category of public authorities.
When Imran Khan received these notices, the CJ of the IHC inquired as to whether he had appeared [before NAB officials].
Khan did not, the attorney affirmed, "He (Khan) sent a written response solely."
Judge Saman Rafat Imtiaz then questioned whether Khan had faced any consequences for his response from the NAB. No, it didn't, the attorney said.
Judge Farooq speculated, "Maybe they [NAB] are convinced with Imran Khan's response that there was not case.
The petitioners' attorney responded by stating that they were concerned the NAB would transform the inquiry into an investigation.
The lawyer argued, "The notice was served the day after [previous NAB chairman] Aftab Sultan quit."
The NAB prosecutor was then requested by the court to make his case.
The IHC CJ inquired as to whether Khan had received a notification once more.
A reminder had been sent to the former premier, the NAB prosecutor told the court at this point.
"Your notices do not demonstrate adherence to court instructions. NAB is not now subject to any restrictions "While reserving his decision on Khan and Bushra Bibi's appeals, Judge Farooq made a comment.
The court sent letters to NAB for a response and later announced the decision.
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