2007 P Cr (PLP)

The petitioner has impugned notice dated 16th May, 2006 under section 19 of the National Accountability Ordinance, 1999 issued to the petitioner with directions to appear before Investigating Officer along with original title documents of his property detailed therein. 2.

2. It is contended by the learned counsel for the petitioner that the property was acquired by the petitioner directly from the builder. He has been attending the office of NAB even prior to the issuance of the impugned notice, but nothing was divulged as to in what context or relation the documents are required.

3. The Deputy Prosecutor-General NAB contends that the notice was issued to call for the information within the contemplation of section 19(b) of the Ordinance, 1999. It was contended that since investigation/enquiry against one Chand Muhammad Gori Ex-Sub-Registrar is being conducted by the Bureau and the documents are required to ascertain whether the property is Benami property of said Chand Muhammad held in the name of the petitioner.

4. We have examined the impugned notice. It is observed that no information or relevance as to production of the document is made with reference to the nature of the enquiry that is in hand against said Chand Muhammad.

5. We have examined the provision of section 19 of the Ordinance, 1999 which reads as follows:- "

19. Power to call for information.

The Chairman NAB or (an officer of the NAB duly authorised by him) may, during the course of an inquiry (or investigation) (of an offence under this Ordinance):-- (a)

(b) require any person to produce or deliver any document or thing useful or relevant to the inquiry; (or investigation).

6. On bare perusal of sub-clause (b) of section 19 it is abundantly clear that the Chairman, NAB or an officer of the NAB may during the course of the enquiry or investigation require any person to produce or deliver any document or thing that may be useful or relevant to the enquiry or investigation. It is thus abundantly clear that notice must contain necessary information having nexus to the pending inquiry or investigation to extract information from any person that may be needed to investigate the matter as to the violation of any provisions of the NAB Ordinance. Impugned notice is a bald of any connection to the purported inquiry or investigation pending against Chand Muhammad. The impugned notice does not satisfy the requirement of section 19 of the Ordinance, 1999, therefore, we are of the view that such bald notices cannot be sustained.

7. In view of the forgoing, we are inclined to allow the petition. The respondent may, however, issue any notices in conformity with section 19 of the Ordinance, 1999 by giving relevant information connecting the required information with the enquiry or investigation that may be pending before the authority concerned.

8. Petition in terms of the above stands disposed of. H.B.T./M-21/K Petition allowed.