LAHORE: Justice Ali Zia Bajwa of the Lahore High Court on Monday declined to hear the petition of PakistanTehreek-i-Insaf (PTI) Chairman and former prime minister Imran Khan challenging a call-up notice issued by the Federal Investigation Agency (FIA) in the prohibited funding case.
As the hearing commenced, Justice Bajwa refused to take up the petition, citing personal reasons and referred the matter to chief justice for its fixation before another appropriate bench.
In a writ petition filed through Intizar Hussain Panjhuta, the PTI chief contended that the FIA initiated an illegal inquiry with ulterior motive after a show cause notice to the party raising objections regarding funds deposited in the personal bank accounts of the leaders/employees of the party.
The petition stated that the FIA issued him a call-up notice for appearance before an investigation team on Nov 7. He submitted that the impugned notice is unlawful, without jurisdiction and politically motivated.
The counsel argued that the agency has no power to proceed in the matter especially when the Election Commission of Pakistan (ECP) did not even hold that any law has been violated in opening or operating the bank accounts in question. He submitted that the ECP never directed the FIA or any other agency to inquire into any aspect of the bank accounts.
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The petition stated that it is the statutory obligation of the FIA to exercise its powers in accordance with the law that includes the obligation to oversee fair, independent and impartial inquiry into any criminal conduct, if any.
He alleged that the agency had been taking dictations from the federal government to probe into the matter. “It is just aimed at harassing, humiliating and forcing the petitioner, his family and his political workers into illegal political bargain,” the petition alleged.
The petition said this was unwarranted in the law and the petitioner takes strong exception to this as he has committed no wrong whatsoever let alone any criminal act liable to be probed into by the FIA.
He argued that the action taken by the respondent amounts to colourable exercise of powers and the court has the jurisdiction to pass an order correcting the same including quashing it.
He asked the court to quash the impugned call-up notice and also declare that the inquiry being held by the FIA is illegal and without lawful authority.
