| Citation(s) |
|---|
| 2009 SLG 1205 2009 SLD 1205 2009 PLD 61 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 4 to 7 and 9 of 2008 and Cr.O.P. Nos. 44 and 48 of 2008, decision dated: 15-09-2008, hearing DATE : 24-07-2008
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court, Wasim Sajjad, Senior Advocate Supreme Court, Ahmer Bilal Soofi, Advocate Supreme Court and Arshad Ali Ch., Advocate-on-Record. Raja M. Ibrahim Satti, Senior Advocate Supreme Court, Dr. Danishwar M
Constitutional Petitions Nos. 4 to 7 and 9 of 2008 and Cr.O.P. Nos. 44 and 48 of 2008, decision dated: 15-09-2008, hearing DATE : 24-07-2008
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court, Wasim Sajjad, Senior Advocate Supreme Court, Ahmer Bilal Soofi, Advocate Supreme Court and Arshad Ali Ch., Advocate-on-Record. Raja M. Ibrahim Satti, Senior Advocate Supreme Court, Dr. Danishwar M
HARIS STEEL INDUSTRIES (PVT.) LTD. and 4 otherS
VS
NATIONAL ACCOUNTABILITY BUREAU and another
Law:
Section:
Constitution of Pakistan (1973)-------Art. 186-A---Transfer of writ petitions pending in Lahore High Court---Survey of events had indicated that the NAB Authorities, despite the restraint orders passed by the High Court, were bent upon to harass and pressurize the petitioners by applying coercive methods---Even after passing of an order by Supreme Court for maintaining the position which was subsisting prior to the restraint order, an employee of the petitioners while sitting in the Bar Room along with Advocate-on-Record, was apprehended by the NAB Officials, dragged, severely beaten and taken away---Investigating Officer had admitted the arrest of the said employee from Supreme Court premises, whereafter the concerned officials were sent behind the Bars for initiation of proceedings for contempt of Court---Such state of affairs had suggested that conduct of the NAB Authorities especially at Lahore (National Accountability Bureau, Punjab) was not above board and due to coercive tactics applied by NAB Authorities and other officials, the petitioners were unable to pursue remedy freely before the Lahore High Court---Constitution petitions were consequently allowed in the interest of justice and the writ petitions were withdrawn from the file of Lahore High Court, Lahore and transferred to Islamabad High Court, Islamabad, for disposal on merits in accordance with law. JUDGMENT ABDUL HAMEED DOGAR, C J.---By this single order we intend to dispose of Constitution Petitions Nos.4, 5, 6, 7 and 9 of 2008 involving identical question. These petitions have been filed by petitioners under Article 186-A of the Constitution of Islamic Republic of Pakistan, 1973 for transfer of Writ Petitions Nos.7104, 5192, 5847, 7852 and 4789 of 2008 pending before learned Lahore High Court to this Court. 2. Briefly, stated facts of the case are that petitioner runs a steel manufacturing plant whereas respondents No.11 and 12 are trading entities/concerns. They availed financial facilities from respondent No.9 (The Bank of Punjab) from time to time in connection with their business. Due to deteriorating business conditions petitioner sought restructuring and rescheduling of their…
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