PESHAWAR: Issuing a stay order, the Peshawar High Court on Wednesday temporarily stopped the National Accountability Bureau from acting against a former chief conservator of the forestry department, who challenged the reopening of a closed inquiry by the bureau about his assets.

A bench consisting of Justice Roohul Amin Khan and Justice Syed Arshad Ali sought the comments of the NAB’s regional director general on a petition of former chief conservator Mumtaz Khan and his three sons, who requested the court to declare the asset re-investigation against them illegal and unconstitutional.

They also sought the court’s orders for the NAB not to humiliate, harass and arrest them.

The respondents in the petition are the NAB chairman, NAB, Khyber Pakhtunkhwa, director general, and the relevant investigation officer.

PHC seeks bureau’s reply to his plea against fresh asset inquiry

Advocate Babar Khan Yousafzai appeared for the petitioners and said that petitioner Mumtaz Khan had served as the forestry department’s chief conservator until his retirement in the year 2004.

He added that Mumtaz Khan’s two sons were businessmen, while the third one was an employee of the forestry department.

The lawyer said that the NAB had started an inquiry against Mumtaz Khan in the year 2003-04 on the allegation that he possessed assets disproportionate to the known sources of his income, and issued a call-up notice to him.

He added that the petitioner was a law-abiding citizen and had responded to that call-up notice and provided all required information to the NAB regarding his assets.

Mr Babar said that on April 14, 2004, a letter was issued by the NAB informing his client that the inquiry in question had been closed as it had reached the conclusion that the allegations against him couldn’t be substantiated.

He added that petitioner Mumtaz Khan had been suffering from diabetics and other health complications.

The lawyer contended that Mumtaz Khan was shocked on Feb 3, 2020, when he received another letter from the NAB declaring that an inquiry on a complaint had been initiated against him and his sons for allegedly possessing illegal assets and a fresh questionnaire was issued to him directing to answer the same along with relevant documents.

He argued that Mumtaz Khan had submitted that questionnaire along with all relevant details.

Mr Babar said that his client had also provided an explanatory note to the respondents with details of all relevant transactions regarding his movable and immovable properties.

He said that on Oct 6, 2021, a fresh call-up notice was issued to all petitioners directing them to appear before the NAB investigation officer of the case.

The counsel argued that after the closure of an inquiry by the NAB, it could not be reopened after the passage of a considerable time as it was a violation of the Code of Criminal Procedure and National Accountability Ordinance.

He added that the act of the respondents amounted to double jeopardy, which was prohibited under Article 13 of the Constitution.

Published in Dawn, October 21st, 2021