IHC bars invoking multiple jurisdictions in NAB cases

The Islamabad High Court (IHC) recently dismissed a constitutional petition that questioned the sealing of a house in Islamabad. The court ruled that this matter falls under the exclusive jurisdiction of the Accountability Court in Peshawar, where a pending reference from the alleged Kohistan scandal case is being handled. The court also imposed special costs of Rs100,000 on the petitioner for forum-shopping and a lack of honesty.

Justice Shahrukh Arjumand, in a 53-page judgment, found the petitioner's challenge to the National Accountability Bureau (NAB) reference barred due to multiple reasons. The main issue was whether the IHC could handle a challenge to actions taken by NAB before a court established anywhere in Pakistan. The court explained that Section 16(e) of the National Accountability Ordinance (NAO) allows the NAB chairman to file a reference before any court in Pakistan, with the court having jurisdiction to try the case.

The court emphasized that the non-obstante clause, which overrides general territorial rules in criminal proceedings, shows the legislative intent to avoid restricting the NAB chairman's jurisdiction to the location of the alleged offence or property. The court stated that the only statutory requirement is that the court must be established under the NAO and the chairman must exercise his discretion considering the case's facts and circumstances.

Moreover, the IHC sought responses from various government entities regarding a petition challenging legislation that proposes to give the Federal Constitutional Court (FCC) jurisdiction over NAB appeals, instead of the Supreme Court.