Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard Constitution Petitions Nos. 20 to 27, 39 and 45 of 2009. (The Bank of Punjab, NIB Bank, Saith Muhammad Yaqoob, etc. Vs. Haris Steel Industries (Pvt) Ltd and others).
Petitioners, Members of Board of Directors BOP, NAB, State Bank and respondents were represented by their counsel in the Court.. The bench heard the case today i.e. 02.02.2012.
Mr. Rashdeen Nawaz, learned counsel appearing for the Bank of Punjab pointed out that despite clear directions of this Court, contained in order dated 13.12.2011, the properties have not been transferred to the prospective purchasers as per report of the Salvage Committee.
Mr. Ahmed Awais, learned Sr. ASC appearing on behalf of Sheikh Muhammad Afzal, Haris Afzal and Haris Steel Mills stated that compliance of this order shall be made in letter and spirit. It was further noted that in this regard if needed, Sheikh Muhammad Afzal, who is in custody in criminal proceedings pending against him before the NAB, shall also be produced before the Court in safe custody.
Learned counsel for the Bank of Punjab further stated that despite lapse of considerable time, spreading over a period of about three years, the trial of Sheikh Muhammad Afzal and others has not yet commenced.
Learned ADPG NAB, present in Court was directed to expedite the matter and submit Reference before the competent Court on or before 10.02.2012; thereafter, the Court seized of the matter was directed to proceed with the case pending against Sheikh Afzal and others by holding day-to-day proceedings, without allowing adjournments unless for unavoidable reasons explained before the Court.
In Civil Misc. Applications No. 1027 and 1812 of 2011. Mr. Ahmed Awais, Sr. ASC stated that notice of CMA 1812 of 2011 has already been issued to the Bank as well as to the NAB vide order dated 26.07.2011; he requested for issuance of notice to the respondent in CMA 1027 of 2011. Order accordingly. It was decided that these two applications shall be taken up on the next date of hearing.
M/s Makhdoom Ali Khan, Sr. ASC; S.M. Zafar, Sr. ASC; Fakhr-ud-Din G. Ibrahim, Sr. ASC and Anwar Kamal, Sr. ASC stated that in compliance of the order dated 09.06.2011 replies have been filed by their respective parties and they are regularly making the payments outstanding against them; however, they also stated that so far no challan has been submitted against them. Mr. Fauzi Zafar, learned ADPG NAB stated that he has to seek instructions in this regard.
It was observed that since the case is adjourned with regard to the issue of progress in the trial of Sheikh Muhammad Afzal and others, therefore, this aspect of the matter shall be taken up on the next date of hearing, when the ADPG NAB shall make statement in this respect as well and the case was adjourned to a date in office during the week commencing 27.02.2012.
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