LAHORE: The Lahore High Court on Tuesday suspended call-up notices being issued to two officials of Ramzan Sugar Mills by the National Accountability Bureau (NAB) in connection with an ongoing inquiry against Leader of Opposition in National Assembly Shahbaz Sharif and his sons -- Hamza and Salman.

Mills’ Chief Financial Officer Muhammad Usman and Company Secretary Tariq Dastagir Khan moved a joint petition challenging the call-up notices and also questioned existence of the National Accountability Ordinance 1999.

Representing the petitioners, Advocate Salman Aslam Butt told a division bench that the NAB had continuously been issuing notices to his clients despite submission of their replies along with the required documents. He said the NAB also sought assistance of the police to ensure their appearance before its investigation team without disclosing the specific details of the inquiry against them.

The counsel argued that the proceedings pursuant to NAB call-up notices were interrogatory in nature and mandated that a person being called up be informed as to the basic nature of the subject inquiry and his alleged nexus with the entire matter.

He said such information and provision of particulars was critical for the protection of a person’s fundamental rights as enshrined in the Constitution.

The counsel argued that the impugned notices were illegal, invalid, without jurisdiction and lawful authority. He further argued that the notices were in violation of the fundamental rights of the petitioners and against the process of law as provided under Article 4 of the Constitution.

Questioning the legitimacy of the NAB ordinance, the counsel said the ordinance stood repealed in terms of Article 89 read with Article 270-AA of the Constitution and the Fourth Schedule thereof, after the promulgation of the Constitution (Eighteenth Amendment) Act, 2010.

He pointed out that the NAB Ordinance had been promulgated under proclamation of emergency and PCO No.1 of 1999, which was repealed by virtue of Article 270-AA (2) of the Constitution and was never re-promulgated by the president.

The counsel asked the court to set aside the impugned notices issued to the petitioners and also declare that the NAB ordinance stood repealed and expired in light of the Article 89 (powers of president to promulgate ordinances).

The bench comprising Justice Qazi Amin Ahmad and Justice Shahid Mobeen suspended operation of the impugned notices and sought a reply from the NAB by Jan 21.

Published in Dawn, January 9th, 2019