LHC orders to make Tayyaba Gul party in ex-NAB chief’s petition

Lahore High Court (LHC) Justice Anwaar Hussain ordered to make sufferer Tayyaba Gul a party within the petition filed by former NAB leader Justice (retd) Javed Iqbal, difficult the formation of the inquiry commission to probe the sexual harassment allegations.

The decide additionally directed Gul’s legal professionals to publish a reply earlier than the court via the following date.

The decide changed into hearing one-of-a-kind petitions along with a petition filed by using the former anti-corruption watchdog hard the formation of the inquiry commission claiming the reason at the back of the formation of the fee changed into to humiliate or take revenge on him.

In earlier lawsuits, the choose had granted a stay on notices issued by the inquiry commission. The petitioner’s recommend Safdar Shaheen Pirzada had advised the court that regardless of the matter pending within the Islamabad High Court, the federal government constituted an inquiry commission and the fee also issued observe to the former NAB leader.

At the onset of the proceedings, the additional legal professional fashionable representing the federal authorities submitted a reply before the court docket.

The court docket directed the quarters worried to distribute copies among petitioners of the federal government’s reply. However, the court also prolonged the live to the next date.

Opposing the courtroom’s choice to make Tayyaba birthday celebration in the case, the petitioner’s counsel advised the court docket that the federal government should simplest shape the fee on topics of public interest.

The recommend implored the court to suspend the federal government’s notification at the inquiry fee till the choice of the petition.

He additionally termed the fee illegal, pronouncing it has no authority to proceed against the former anti-graft crusader.

Other petitions

In some other petition, the petitioner Zainab Umair’s recommend advocate Azhar Siddique advised the court that the federal government on July 23, 2022, issued a notification announcing the formation of an inquiry fee to research sexual harassment allegations levelled at ex-NAB chairman Justice (retd) Javed Iqbal and others.

He argued that the commission will investigate allegations of “sexual offences inclusive of assault, harassment, outraging and insulting modesty, misdemeanour, misconduct, misuse and abuse of authority” made by means of the complainant in opposition to the alleged offenders, the notification states.

He submitted that formerly Tayyaba Gul had alleged before the PAC that the DG NAB along with others mounted cameras in a room on the bureau’s Lahore office, stripped her bare and made motion pictures that were later shown to her husband to mentally torture him whilst he become in a custody in ‘fake’ instances. All of those allegations have been baseless and were no longer corroborated with any form of proof. However, now a fee has been constituted beneath Section 3 of the Commission of Inquiry Act, 2017.

He argued that the Section 3 of the Commission of Inquiry Act, 2017 definitely states that the federal government may constitute a commission of inquiry in subjects of Public Importance; but, the matter to hand pertains to one single character which is Tayyaba Gul.

The matter handy has no nexus with public significance and rather than availing all of the civil and criminal remedies to be had to her, she has opted for the constitution of the commission for an inquiry which isn’t most effective illegal however with out jurisdiction as well.

The aforementioned depend is character particular and has no nexus with public significance. This is sheer political victimisation being performed by means of Tayyaba Gul who’s making up stories and fictitious events which is ruining the photograph, dignity and recognition of women anywhere.

In view of the foregoing statistics and strange instances of the case, it’s far most respectfully prayed that the petition is allowed and because the Section three of the Inquiry Commission Act, 2017 is indistinct, indefinite and presents unlimited jurisdiction to the federal authorities to represent any commission on the idea of even a unmarried man or woman subsequently the same within the gift shape does now not set out the nature and the other problems, therefore, the same is illegal and ultra vires of the Articles four, 5, nine, 10-A, 14, 15, 16, 17 and different provisions of the Constitution of the Islamic Republic of Pakistan, 1973.

Advocate Azhar Siddique had also asked in the petition that the impugned notification of July 23, 2022, may additionally kindly be set-aside and declared illegal.

Petitioner Zainab Umair (PTI’s MPA) had filed the petition making respondents to federation of Pakistan (thru its secretary cabinet department), Prime Minister of Pakistan (thru his secretary), Cabinet Division (through its secretary), Rabia Javeri Agha (chairperson National Commission for Human Rights), Anis Haroon (Member Sindh National Commission for Human Rights) and Nadeem Ashraf (Member Punjab National Commission for Human Rights).

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