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Doctor NAUMAN HAMID NIAZ vs FEDERATION OF PAKISTAN through the Secretary Ministry of Interior, Islamabad S — 2025 PLD 24 ISLAMABAD

Case information

Citation
2025 PLD 24 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PLD
Parties
Doctor NAUMAN HAMID NIAZ vs FEDERATION OF PAKISTAN through the Secretary Ministry of Interior, Islamabad S
Subject matter
Criminal
Provisions referred to
S. 160---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Doctor NAUMAN HAMID NIAZ VS FEDERATION OF PAKISTAN through the Secretary Ministry of Interior, Islamabad S. 160---Constitution of Pakistan, Art. 199---Constitutional petition---Inquiry proceedings---Notice to join inquiry---Civil and criminal proceedings---Petitioners assailed notices issued to them by Federal Investigating Agency to join inquiry in the matter of execution of Joint Venture Agreement between a private television channel and Pakistan Television Corporation---Validity---Lahore High Court had already declared that the procurement process and JV Agreement did not suffer from illegality---Such question could not be reopened by Executive authorities in exercise of State's police power under the garb of undertaking criminal proceedings in relation to such question, without judgment of Lahore High Court first getting set aside in appeal---Federal Investigating Agency inquiry and notices in question could not be allowed to result in framing of any criminal charges against petitioners---During pendency of matters before two High Courts, Federal Investigating Agency could not continue its investigation and/or frame criminal charges against petitioners as doing so could have the effect of prejudicing the matter(s) pending before Lahore High Court and Sindh High Court---To the extent that the two High Courts issued declarations with regard to legality of procurement process and JV Agreement itself, any criminal proceedings against petitioners would be tantamount to defeating the judgment and/or process of two High Courts---High Court directed petitioners to join investigation and had allowed Federal Investigating Agency to continue its investigation in inquiry No. RE-150/2022 during pendency of present Constitutional petitions---High Court directed Federal Investigating Agency not to frame criminal charges against petitioners, notwithstanding its findings in such inquiry and/or investigation, and would instead stay its hand till the decisions of the High Courts in the related petitions, unless appropriate applications were filed before such High Courts and permission was granted by them to initiate criminal proceedings during pendency of the matters before two High Courts---Constitutional petition was allowed accordingly.

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