SC declares NAB Chairman’s action illegal but takes no action against him

In a verdict announced on May 11, 2023, the Supreme Court ruled that the manner of execution of the arrest warrant issued by the Chairman of the National Accountability Bureau (NAB) against Imran Khan, the petitioner in the Al-Qadir Trust case, was invalid and unlawful. The court held that the execution of the warrant violated Niazi’s right of access to justice and the sanctity and safety of the Court, as he had already surrendered to the Court for seeking judicial relief against the NAB action.

The court further held that the fundamental rights of the petitioner under Articles 4, 9, 10-A, and 14 of the Constitution of the Islamic Republic of Pakistan had been infringed. As a result, the court allowed the Misc. Application, converted it into an appeal, and disposed of the matter accordingly.

The court directed the petitioner to be produced before the Islamabad High Court on May 12, 2023, at 11am for hearing of his writ petition filed to challenge the NAB action against him in the Al-Qadir Trust Case. The NAB authorities and the ICT Police were ordered to ensure foolproof security to the petitioner until his production in the Islamabad High Court. The Registrar of the Islamabad High Court was directed to place the matter before the chief justice of the Islamabad High Court for constituting a Bench for hearing the same.

In order to ensure the security of the petitioner until his appearance in the High Court on May 12, 2023, he was ordered to remain in the premises where he is presently retained in police custody, namely, the Police Lines Guest House, H-11, Islamabad (Police Guest House). The petitioner was also entitled to meet up to 10 guests, subject to a security check by the police, who shall be allowed to stay with him as long as desired by him.

This order shall remain valid until the production of the petitioner before the High Court in the aforementioned Writ Petition on May 12, 2023, at 11:00 am and shall be subject to any order that is passed by the High Court. However, the order shall not cause any prejudice to the proceedings of investigation being conducted by the NAB in the matter of the Al-Qadir Trust.