Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 15

(a) Constitution of Pakistan (1973)---Art. 199---Constitutional petition---Request to amend title of petition to implead branch of the petitioner's Bank was allowed by the High Court. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVII of 2001)--S.15---Constitution of Pakistan (1973), Arts. 4, 23, 25, 175 & 199---Constitutional petition---Maintainability---Sale of mortgaged property by financial institution without intervention of the Court---Contention of petitioner was that unbridled absolute powers could not be conferred by any provision of statute in favour of any organization or authority to unilaterally determine liability of a party and itself enforce the same by selling property of mortgagor and acquire such rights in its own favour without intervention of the Court, thus, provisions of S.15 of Financial Institutions (Recovery of Finances) Ordinance, 2001, to the extent of creating a parallel judicial system were contrary to provisions of Arts.4, 23, 25 & 125 of the Constitution---High Court admitted Constitutional petition to examine the question. Mehram Ali's case PLD 1998 SC 1445; 1996 CLC 539, 1995 CLC 1027 and 1985 SCMR 758 ref. ORDER Permission has been sought for by Mr. Waseem Sajjad, Advocate to amend the title of the petition in order to implead the Bank branch of respondent No.2 operating at Quetta. Request is allowed. Title may be amended as requested for in his own hand and under initial. Mr. Nafees Siddiqui, Advocate has filed counter-affidavit. Copy of the same has been supplied to the petitioner's learned counsel. Preliminary submissions of the learned counsel for the parties as well as the learned D.A.-G. have been heard. Inter alia it is contended by Mr. Waseem Sajjad learned counsel for the petitioner that provisions of section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (Ordinance XLVII of 2001) amounts to the establishing of a parallel judicial system which is not envisaged by any norms and canons of existing judicature in the country as well as offends and contrary to the provisions of Articles 4, 23 and 25 of the Constitution of Islamic Republic of Pakistan as no other forum,…

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