Now, another dual bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kiyani will take up this matter on February 18.
In January, the Bureau had issued arrest warrants of Abdul Ghani in a reference regarding alleged encroachment on an amenity plot of storm-water drain in Karachi. The anti-graft watchdog believes Abdul Ghani conspired with others to illegally encroach upon the land.
In his petition, Ghani adopted that the warrants were based on "malafide surmises and conjectures." He also claimed that the anti-graft watchdog stepped beyond its "jurisdiction and nullity in the eye of law." Abdul Ghani maintained that he was falsely implicated by the investigating officer due to a "personal grudge and to harass and extort money."
He argued, "The detention of an accused person first and foremost offends the fundamental rights to life and dignity guaranteed by the Constitution under Article 9 and 14." "The fact that the respondents No. 1 to 3 (chairman NAB and officials), instead of seeking any clarification from the petitioner, or otherwise seeking permission from the respondent No. 4 (NAB investigating officer) to investigate the petitioner within the confines of District Jail at Malir where the petitioner is presently confined, are seeking the custody of the petitioner, which is unjust, unfair and abuse of the powers not available to the respondents No. 1 to 3 and is contrary to the provision of and the rights guaranteed by the Constitution of Islamic Republic of Pakistan, 1973," said the petition.
Therefore, the petitioner prayed to the court to suspend the warrants so that he could seek relief to attain justice.