Investigation on the former NAB chief
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The federal cabinet on Saturday approved the creation of an inquiry committee and its terms of references (ToRs) to look into the charges of sexual harassment, days after a victim revealed the former head of the National Accountability Bureau (NAB"sleazy )"s behaviour."
The proposal from the Ministry of Law and Justice to establish an inquiry commission under the Pakistan Commission of Inquiry Act, 2017, to look into Tayyaba Gul"s allegations of sexual misconduct against former NAB Chairman Justice (Retd) Javed lqbal and others, was approved by the federal cabinet on July 15.
In accordance with the ToRs, the commission is entrusted with determining who is accountable for any public official who participates in criminal activity or violates the law by any means.
If any person was determined to be ineligible, the cabinet has also instructed the panel to determine blame, if any, jointly and severally.
After Gul, whose contentious video with the former NAB chairman appeared in 2019, submitted her statement before the Public Accounts Committee (PAC) of parliament, the issue had come back to light. When she refused to accede to Iqbal"s "demands," she said that NAB officials had striped her naked, recorded the incident, and filed complaints.
Gul claimed before the PAC that Shahzad Saleem, the director general of the NAB, and others had set up cameras in a room at the Lahore office of the bureau, stripped her naked, and then recorded videos that were later shown to her husband for torturing him mentally while he was being held in custody in "fake" cases.
She also mentioned Azam Khan, who she claimed met her after she complained to the Citizen Portal and asked her to discuss the evidence with a man named Tahir A Khan who later broadcast videos of her speaking with the then-NAB chairman on a TV channel. Azam Khan was the principal secretary to PTI chairman and ousted premier Imran Khan.
She had asked, "Who was the benefactor of the videos for three years?"
The cabinet agreed that it was necessary to select individuals with experience in the field of human rights due to the seriousness of the charges surrounding gender-based violence.
It was decided that the members of the National Commission for Human Rights would make up the inquiry commission (NCHR).
The investigation commission was established in accordance with Section 3 of the Pakistan Commission of Inquiry Act, 2017, and is made up of Rabiya Javeri Agha, the NCHR"s chairwoman, Ms. Anis Haroon, a member from Sindh, and Nadeem Ashraf, a member from Punjab.
The members were chosen based on their stellar reputations as people of moral integrity and their expertise in promoting the rights of marginalised groups, women, and people of colour.
The cabinet has mandated the commission to conduct an investigation into the charges of sexual offences made by the complainant, including bullying, assault, offending and insulting modesty, misdemeanour, misconduct, misuse, and abuse of authority.
The commission will decide any violations of the security of the person, the right to a fair trial, the total inviolability of the person"s dignity, and the equality of citizens.
It will also consider, following its investigation, if any or all of the individuals who have been accused of the offences listed in the Pakistan Penal Code, 1860, as well as any other individuals or public office holders, are subject to criminal culpability, if any (Act).
According to the ToRs, the committee will look into claims that Gul was pressured into providing video and audio recordings and that it was later leaked to a private TV channel with a hidden agenda.
Additionally, it will decide, following an investigation, whether any complaints against the individuals complained about or any other individuals merit disciplinary action, if any.
The commission will have all the authority granted to it by the Act, in addition to the extra authority granted to a criminal court under Section 10 of the Act. According to the ToRs, it is the responsibility of the executive authorities in the federation and the province to assist the commission in carrying out its duties and to follow any instructions it issues.
The NCHR"s main office in Islamabad will serve as the commission"s secretariat.
The Cabinet Division shall provide the commission with all necessary resources, secretarial assistance, and facilities to allow it to carry out its duties. The cabinet has ordered that the commission launch the investigation as soon as its constitution is announced.
It will wrap up the investigation and hand in a report to the federal government.