Islamabad: Islamabad High Court (IHC) has dismissed the petition filed by PTI founder Imran Khan and Bushra Bibi against their arrest in new Toshakhana case declaring it in- fructuous.
The court has advised to adopt legal way of filing bail after arrest petition in Accountability Court (AC).
The petition filed by Imran Khan and Bushra Bibi against their arrest in new Toshakhana case came up for hearing before IHC bench comprising Justice Miangul Hassan Aurangzeb and Justice Babar Sattar Wednesday.
Suleman Safdar counsel for PTI founder appeared in the court.
NAB prosecutor said Toshakhana reference has been filed. Now they have powers to file bail after arrest plea in the court.
Suleman Safdar said court has already said call up notices were vague. They are conducting second proceedings in Toshakhana gifts case. When questions of fundamental rights were before the court then how could they file this reference.
The court inquired IO Sahb had you gone.
Investigating Officer (IO) said he had gone and t
hey had filed reply.
Suleman Safdar said today we have four cases.
The court inquired has reference been filed.
NAB prosecutor told the court yes reference has been filed.
Suleman Safdar said NAB should talk about call up notice. That was a fact notice.
Suleman Safdar gave references to different decisions of Supreme Court (SC ) saying call up notice by NAG is violation of article 13. Court had asked question from me notice was sent on what date. During previous hearing NAB objective was to cause delay and in this regard it succeeded. Objection was raised we did not join the investigation. But now we have joined the investigation.
The court inquired from NAB officer had he gone to Adiala jail for investigation.
NAB officer told yes he had gone. Reply to questionnaire has been received.
Justice Miangul Hassan Aurangzeb remarked NAB filed reference after obtaining reply and completing investigation.
Suleman Safdar said registrar office cancelled the case in two dates. Then request was made for earl
y hearing.
The court inquired from Suleman Safdar when call up notice came.
Suleman Safdar told the court call up notice came from NAB on April 9. One issue was completed and the accused were sent to jail on judicial remand after 33 days. PTI founder and Bushra Bibi were arrested illegally. The bail after arrest lies with this court, therefore bail after arrest plea was not filed.
The court said you should claim remedy from NAB court for bail after arrest.
The court rejected the petition of Imran Khan and Bushra Bibi against arrest in new Toshakhana case declaring it in- fructuous.