There is a need for all the state institutions to work within their constitutional limits and not interfere in others’ matters, said Pakistan Bar Council Executive Committee Chairman Hasan Raza Pasha on Friday.
“Although PTI Chairman Imran Khan has the right to sue for even Rs20 billion over defamation, he has not been cleared of charges by the investigation officer in the Al-Qadir Trust case,” he said at Shaukat Piracha’s show Rubaroo.
On Friday, Khan announced that he would file a Rs15 billion defamation suit against the National Accountability Bureau (NAB) chairman for issuing his warrants on a public holiday and to keep the warrant in secrecy.
Khan was arrested for an offence related to a graft case, in which the former premier and his wife are accused of obtaining land worth billions of rupees for their trust from business tycoon Malik Riaz to build an educational institute. NAB has alleged that Khan’s PTI government struck a deal with Riaz that caused a loss of more than $239 million to the national exchequer, in a quid pro quid arrangement with the real estate businessman.
PBC chief Pasha went on to add that Khan has been given temporary relief in order to appear in the court. An accountability court had granted the national-graft buster eight-day remand of PTI Chairman Khan. He had spent two days in remand before the court ordered his release.
“If Khan is arrested again, those two days will be counted, however, he will still have to remain in custody for the remaining days if he is arrested again,” said Pasha.
He was of the view that there is “no such law” that prevents the NAB chairman from signing the arrest warrant on a public holiday. “If the defamation suit is based on this point, Khan will not get anything from it.”
Former president of Islamabad High Court Bar Shoaib Shaheen, who had also joined the show as an expert, said that the Rangers had “abducted” Khan when he appeared before the court to surrender. The forces beat up the court staff and lawyers, and took away the PTI chief from the court premises, he added.
There was no NAB official present at the moment when Khan was arrested, he said, adding that when asked by the court, the NAB representative denied any of their official’s presence at the time of the arrest.
According to Shaheen, NAB officials arrest the accused and can ask for assistance from the police, Ranger, or any other law enforcement agencies.
“The Supreme Court is bound to give decisions under the Constitution,” PBC chief Pasha said, adding that the executive arm of the state is bound to implement the decision of the apex court.
He added that Parliament cannot refuse to accept the SC’s decision by passing a resolution. “Parliament will need a two-thirds majority to make amendments to the Constitution.”
Third panelist on the show, senior lawyer Shah Khawar said that NAB has never been an independent body as it has “repeatedly violated” the norms and values.
To a question regarding Khan’s lawsuit against the NAB chairman, he said that the departments, institutions, or their head are protected from such things when they order to initiate an investigation against an individual.
If that individual is cleared of those charges, then he can sue those institutions or their officials for “malicious” prosecution, he added.
Khawar was of the view that the PTI chief’s suit is “premature” as the case is still pending and he will have to appear before the investigation committee in the Al-Qadir Trust.
