Islamabad - The Islamabad High Court yesterday issued notices to secretary interior and director general FIA over the petition of former Auditor General of Pakistan Akhtar Buland Rana who moved the court against an inquiry initiated against him by Federal Investigation Agency.

A single bench of IHC comprising Justice Aamer Farooq conducted the hearing of Akhtar Buland’s petition against FIA inquiry and sought para-wise comments from the respondents in this matter within one week. The petitioner has moved the court through his counsel Taimoor Aslam Khan Advocate and cited secretary ministry of interior, director general FIA and FIA Inspector Muhammad Afzal Khan Niazi as respondents. The counsel for the former AGP stated in the petition that the petitioner was formerly serving as an auditor general of Pakistan and was proceeded under Article 209 of the Constitution of Pakistan.

He added that on the basis of those allegations levelled in the reference filed before the Supreme Judicial Council, the respondents have initiated inquiry proceedings against him although he has already been punished and removed from service on account of misconduct.

The petitioner informed the court in the petition that he was handed over a questionnaire, impugned herein, by the respondent authority vide enquiry number RE-93/2015 dated 17-09-2015 which was duly and exhaustively replied by him. He adopted that the present proceedings undertaken by the respondents are in contravention of Article 13 of the Constitution of Pakistan and the provision of Section 403 CrPC.

Akhtar told that while holding the constitutional office, he wrote two letters addressed to the prime minister of Pakistan and the speaker National Assembly dated 26-01-2015 and 14-07-2015 respectively agitating therein constitutional questions relating to interference in the work of the constitutional position and recommending measures to be adopted for protection of the constitutional office of the auditor general of Pakistan from any influence which were made the basis of initiating present proceedings against him.

He maintained that the proceedings initiated by the respondents are mala fide in nature and the petitioner while holding the office of the auditor general of Pakistan had pointed out serious illegalities/irregularities in finance related issues particularly payment of the circular debt without adopting the legal process.

“This irritated the powerful circles in the government. After his removal from the post, the petitioner was interviewed by some of the TV channels about the payment of the circular debt and dispute over finance related issues on which the petitioner expressed himself giving a factual position, fairly and honestly.

This is the root cause of the initiation of proceedings of inquiry against the petitioner which are clearly based on ulterior motives and mala fides and the same are liable to be set aside,” added the former AGP.

He contended that the proceedings are coram non judice and actuated on the basis of sheer mala fides to stop the petitioner from exercising his fundamental right of freedom of expression.

His counsel adopted in the petition that the petitioner is being harassed and victimized day in and day out due to no fault attributable to him. The primary mistake of the petitioner was to raise his voice and concerns over the financial issues and exercise his guaranteed right of freedom of expression.

Therefore he prayed to the court to declare the proceedings undertaken by the respondents are without jurisdiction, based on mala fides in colourable exercise of powers and are thus liable to be set at naught, in the interests of justice.

After issuing the abovementioned directions, the court adjourned the hearing for one week for further proceedings in this regard.