ISLAMABAD: The Islamabad High Court (IHC) on Tuesday suspended the decision of the National Assembly’s Public Accounts Committee that last month barred former National Accountability Bureau (NAB) chairman Javed Iqbal from heading the Commission of Inquiry on Enforced Disappearances.
While taking up the petition of Mr Iqbal, Justice Aamer Farooq of the IHC also sought replies of the PAC, interior secretary and secretary for parliamentary affairs on the matter by August 11.
Since its establishment in 2011, the Commission of Inquiry on Enforced Disappearances has been headed by Mr Iqbal while the PAC considering the serious allegations being levelled against him had stopped him from working in the position.
The commission was formed to trace missing persons and fix responsibility on individuals or organisations found involved in enforced disappearances.
IHC seeks replies from NA committee, govt officials as petitioner challenges scope of PAC to take up Tayyaba Gul’s application
On July 7, the PAC took up an application moved by Tayyaba Gul seeking action against Mr Iqbal for allegedly sexually harassing her. The applicant also claimed to have a video evidence to corroborate her allegation.
The committee in its meeting also observed that in a TV show, chairperson of Defence of Human Rights Amna Masood Janjua also accused Justice Iqbal of flirting with the spouse of missing persons.
The committee further noted, “[Since] a serious allegation has been levelled against former NAB chairman who is also currently heading the commission of inquiry on enforced disappearances, [he] should not hold such office.”
The PAC also decided to approach the Prime Minister Office over this issue.
As per a recent report of the commission, only one third of the missing persons have returned homes since its establishment.
In his petition, the counsel for Mr Iqbal argued that the PAC lacked jurisdiction to entertain Ms Gul’s application and to restrain his client from holding the office of chairman of the commission.
Scope of PAC
The counsel pointed out that the mandate of the PAC was to examine audit reports and financial irregularities of the ministries in Rule 198, 201(5), 202 and 203 of the Rules of the Procedure and Conduct of Business in the National Assembly, framed under the provision of Article 67 of the Constitution.
He requested the high court to set aside PAC’s directions for being contradictory to the rules.
While taking up the petition of Mr Iqbal, Justice Farooq observed that the IHC was already examining PAC’s powers in two identical petitions.
In separate petitions, NAB’s Lahore office director general Saleem Shahzad and acting chairman of the bureau Zahir Shah had earlier challenged the PAC’s directions, which are still pending adjudication.
The IHC issued notices to the respondents seeking their replies till August 11, while also restraining the PAC from taking any adverse action against Mr Iqbal till then.
Published in Dawn, August 3rd, 2022
