AAMIR NAWAZ MINHAS vs NATIONAL ACCOUNTABILITY BUREAU Vol — 2025 PLD 563 LAHORE-HIGH-COURT-LAHORE

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AAMIR NAWAZ MINHAS VS NATIONAL ACCOUNTABILITY BUREAU Vol. V, Chap. No.3, Part-2, R. 1---Division Bench of High Court---Fixing and hearing of cases---Three eventualities have been provided in Chap. No. 3, Part-2, R.1 of Vol. V of High Court (Lahore) Rules and Orders viz (i) Save as provided by law (ii) by High Court (Lahore) Rules and Orders and (iii) by a special order of Chief Justice---Any matter in Constitutional jurisdiction of High Court has to be referred, heard and disposed of by a Single Judge sitting alone unless provided by law or High Court (Lahore) Rules and Orders or the order of Chief Justice. Citation Name: 2025 PLD 563 LAHORE-HIGH-COURT-LAHOREBookmark this Case AAMIR NAWAZ MINHAS VS NATIONAL ACCOUNTABILITY BUREAU Vol. V, Chap. No.3, Part-2, R. 1---Constitution of Pakistan, Arts. 4 & 10A---Division Bench of High Court---Fixing and hearing of cases---Treatment as per law---Due process and fair trial---Scope---It is inalienable right of every person to be treated as per law and rule of justice---Such treatment has two major components; first is access to justice and second is dispensation of justice---If cases before Division Bench are directly fixed or filed, it will deny the access to justice to a party's right to file appeal against the order of Single Judge of High Court before the Division Bench leaving aside a party remediless---Provision of Art. 4 of the Constitution itself deals with enjoyment of protection of law and to be treated as per law and Art. 10A of the Constitution deals with right of fair trial and due process. Citation Name: 2025 PLD 563 LAHORE-HIGH-COURT-LAHOREBookmark this Case AAMIR NAWAZ MINHAS VS NATIONAL ACCOUNTABILITY BUREAU Vol. V, Chap. No. 3, Part-2, R. 1---National Accountability Ordinance (XVIII of 1999), S. 32---Constitution of Pakistan, Art. 199---Constitutional petition---Division Bench of High Court---Fixing and hearing of cases---Dispute was with regard to fixing of Constitutional petition pertaining to a matter related to proceedings before National Accountability Bureau, before Division Bench of High Court---Held: Provision of S.32 of National Accountability Ordinance, 1999 mandates Division Bench of High Court constituted by Chief Justice to decide cases arising out of final judgment or order of the Court---No provision (express or implied) is available under National Accountability Ordinance, 1999 which deals with direct placement of matters before Division Bench of High Court except appeals arising out of final judgment or order of the Court under S. 32 of National Accountability Ordinance,1999---Petitioners only sought writ of mandamus and certiorari against NAB for expeditious disposal of complaints; such matter should be placed and decided by Single Judge alone---Division Bench of High Court directed Registrar of High Court to fix the matter before Single Judge, in order to ensure proper fixation of cases in accordance with High Court (Lahore) Rules and Orders---Division Bench of High Court further directed that due care should be taken in future to ensure categorization of cases at the time of their filing whether those were to be placed before a Single Judge or a Division Bench---Question of jurisdiction was determined accordingly.

AAMIR NAWAZ MINHAS vs NATIONAL ACCOUNTABILITY BUREAU Vol — 2025 PLD 563 LAHORE-HIGH-COURT-LAHORE

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