LAHORE: The Lahore High Court has been asked to ensure enforcement of right to equality and order the National Accountability Bureau (NAB) to conclude inquiries pending with it against the members of the sitting government.

The Lawyers Foundation for Justice filed a constitutional petition through senior lawyer A.K Dogar seeking a direction for the NAB to take action against Federal Minister for Interior Pervez Khattak, Special Assistant to Prime Minister for Information Dr Firdous Ashiq Awan, Khyber Pakhtunkhwa Chief Minister Mahmood Khan, Senator Mohsin Aziz and MPA Ghazanfar Abbas Cheena.

The lawyer states that Article 25 of the Constitution is pivotal amongst all fundamental rights. It says that all citizens are equal before the law and entitled to equal protection of law.

He says it has been noticed that some citizens belonging to political parties in opposition are being arrested while those of the sitting government, despite pending inquiries, are not being even touched by the NAB.

He pleads that whosoever is accused of any offence defined in section 9 of the National Accountability Ordinance 1999 must be investigated and his/her case referred to accountability court for trial.

The lawyer argues that it cannot be presumed that the chairman or any other official of the NAB has arbitrary power to initiate action against chosen accused persons only.

He says there is a well settled law that violation of fundamental rights is rendering an action not only without jurisdiction but void.

Mr Dogar states that justice should not only be done but should also be seen to be done. Therefore, he asks the court to enforce fundamental right to equality enshrined in Article 25 and the NAB be directed to initiate action against the respondent members of the government in accordance with law.

Published in Dawn, July 23rd, 2019

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