Lahore: Chief Justice of the Lahore High Court, Mr. Justice Umar Ata Bandial has referred the petitions filed by Ittefaq Foundries to a Referee Judge after emanating a dissenting order by a Division Bench seized of the matter.
Mr. Justice Khawaja Imtiaz Ahmad and Mr. Justice Farrukh Irfan Khan at the Rawalpindi Bench heard three petitions titled Ittfaq Foundries Limited etc, Hudabia Papers etc and Shahmim Akhtar etc versus Federation of Pakistan, National Accountability Bureau and Accountability Court Judge, Rawalpindi and differed on the point that whether there was no necessity or requirement to give observations that NAB authorities are competent to proceed against the petitioners if investigation is again initiated.
The matter was referred to the Hon’ble Chief Justice by the Hon’ble Senior Judge who has nominated Mr. Justice Sheikh Najamul Hassan to decide the query.
While Hon’ble Justice Farrukh Irfan Khan appended a note that NAB authorities are competent to proceed against the petitioners, if the investigation is again initiated according to law mainly on the ground that 12 ½ years have been elapsed. It would not only amount to give a premium to prosecution of their own faults but also provide them another opportunity ostensibly to fill up their lacunas and equip them with better tools for combating and victimizing petitioners at the hands of NAB. Advocate Akram Sheikh represented the petitioners.