PHC suspends NAB ‘call-up’ notice for forest secretary
PESHAWAR: The Peshawar High Court on Wednesday suspended a notice issued by National Accountability Bureau to the provincial forest secretary to appear before one of its officials in connection with an unspecified case.
A bench consisting of Chief Justice Mazhar Alam Miankhel and Justice Irsahd Qaiser issued notices to the NAB chairman and its Khyber Pakhtunkhwa director general asking them to submit reply to a petition of the forest secretary, Syed Nazar Hussain Shah, against the NAB ‘call-up’ notice.
The petitioner claimed he had constantly been harassed by the NAB.
Secretary insists he has been told to appear before a bureau official about an unspecified case
He has also challenged the formation of ‘Prevention Committee on Forest Sector’ by the NAB in Nov last year and requested the court to declare the entity illegal and its establishment interference in the affairs of the province.
The petitioner claimed he was a former director general of Galiyat Development Authority (GDA) and during anti encroachment drives the authority had tried to demolish encroachments made on state land.
He claimed an influential person, Dr Anisur Rehman, whose wife Mrs. Abida Rehman was the lessee of Plot No 13 in Dunga Gali, was aggrieved by the GDA steps taken against his ‘illegal’ activities and therefore, Dr Rehman used his influence in the NAB to harass him.
Asghar Khan Kundi, lawyer for the petitioner, said Dr Anis, who was also a member of the GDA’s board of authority, had made construction beyond his plot after which he was issued notice by the GDA seeking removal of the encroachment in June 2008.
He added that several reminders were issued to him, but to no avail.
The lawyer said instead of complying with the notices, the respondent further encroached on the state land prompting the issuance of another notice on Jan 16, 2014.
He claimed that the activities of Dr Anis further increased when in violation of building bylaws and without seeking the GDA approval, the said residential property, which was in the name of his wife, was converted into a guesthouse and a café.
Mr. Kundi said in compliance of the chief minister’s directions and after verification of the matter, the GDA served notices on Mrs. Rehman on Jun 16, 2014, and Sept 10, 2014, against the unauthorised use of residential property for commercial purposes.
He said Dr Anis instead of responding to the notices tried to pressure his client through the NAB chairman by falsely accusing him of causing loss to exchequer by not renting out Valley View Hotel Nathia Gali though the issue related to that hotel was sub judice.
Later, the lawyer said Dr Anis submitted another application against him in Nov 2014, making certain false allegations against him. He added that the NAB’s DG continued with harassment of the petitioner and addressed different letters to him.
He added that in an illegal manner the NAB chairman and DG addressed a letter to him on Dec 29, 2015, wherein he was informed of the formation of the ‘Prevention Committee on Forest Sector’ for looking into affairs of his department.
The lawyer said in furtherance of the said illegal act of formation of the committee, he was issued a call-up notice on Jan 18, 2016, by the NAB asking him to appear before an assistant director in respect of some unknown offence committed by the petitioner.
Published in Dawn, February 4th, 2016