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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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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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