2008 PLP 727 (SCMR)
Mrs. ZAIBA IQBAL — Petitioner Versus CHAIRMAN, NAB and others — Respondents
| Citation | 2008 PLP 727 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Ghulam Rabbani, JJ |
| Parties | Mrs. ZAIBA IQBAL — Petitioner Versus CHAIRMAN, NAB and others — Respondents |
| Primary Law | National Accountability Ordinance (XVIII of 1999) |
Q1: What are the key laws and sections cited in 2008 PLP 727 (SCMR)?
This judgment primarily cites: National Accountability Ordinance (XVIII of 1999) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 727 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 727 (SCMR) (Mrs. ZAIBA IQBAL — Petitioner Versus CHAIRMAN, NAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Qadir Jatoi, Advocate-on-Record/Advocate Supreme Court.
Headnotes / Summary
Ss. 12 & 13
Criminal Procedure Code (V of 1898), Ss.516-A & 523
Constitution of Pakistan (1973), Art.185(3)
Impugned order was passed by consent of parties and it was not the case of petitioner that the property of petitioner was being disposed of pending the hearing of her petition before the Supreme Court
No issue, in circumstances, was left in the field for adjudication by the Supreme Court after the order of the Supreme Court passed in earlier petition for leave to appeal
If the petitioner would feel aggrieved by impugned order it was open to her to seek her remedy before the proper forum of law
No question of public importance having been made out in the petition, same was dismissed and leave refused. Ghulam Qadir Jatoi, Advocate-on-Record/Advocate Supreme Court.
Judgment & Decree
The petitioner is aggrieved by order, dated 15-3-2007 whereby his constitutional petition has been disposed of by the Sindh High Court with the direction to the trial Court to decide his two applications one under sections 12 and 13 of the NAB Ordinance, 1999 and another under sections 523 and 516-A, .Cr.P.C. read with section 12 of the NAB Ordinance expeditiously if proceedings before the trial Court are not stayed by this Court.
2. Mr. Jatoi states that this Court in C.P.L.A. No.326 of 2005 vide order, dated 27-3-2007 has stayed proceedings before the trial Court till the final disposal of the appeal arising out of the judgment, dated 25-4-2004 passed by the High Court.
3. It may be observed that the impugned order was passed by consent of the parties and, prima facie, it loses its efficacy in view of the order passed in the C.P.L.A. by a Bench of this Court, It is not the case of petitioner that the property of petitioner is being disposed of pending the hearing of her petition before this Court. Therefore, no live issue is left in the field for adjudication by this Court after the order of this Court, dated 27-3-2007. In case petitioner feels aggrieved by the said order it is open to her to seek her remedy before the proper forum of law.
4. In our considered opinion no question of law of public importance has been made out in this petition which is accordingly dismissed and leave refused. H.B.T./Z-1/SC Leave refused.