| Case ID |
003ad997-7840-4d3b-a562-e067f4a197bb |
| Body |
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| Case Number |
Criminal Writ Petition No.38 of 2011 |
| Decision Date |
Dec 14, 2011 |
| Hearing Date |
|
| Decision |
The Chief Court affirmed its jurisdiction to entertain suits under the Financial Institutions (Recovery of Finances) Ordinance, 2001, emphasizing that despite being referred to as the 'Chief Court', it exercises the powers of a 'High Court'. The petitioners contended that the nomination of a Banking Court judge was contrary to the Ordinance, which implies jurisdiction only for a High Court. However, the court ruled that it was competent to adjudicate such cases and directed the necessary legislative authorities to amend the relevant provisions to avoid confusion in the future. The court also ruled that any decree passed by the nominated judge could be appealed under section 22 of the Ordinance, ensuring the rights of petitioners were maintained. |
| Summary |
This case revolves around a writ petition filed against the Chief Judge's order concerning the jurisdiction of the Chief Court in cases of financial recovery under the Ordinance. The petitioners argued that the Chief Court could not assume the powers of a High Court as per the Ordinance. The Chief Court, however, maintained that it has been granted powers equivalent to a High Court under the Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009, thus legitimizing its jurisdiction in financial recovery cases. The court's decision highlighted the importance of clarity in jurisdictional matters to prevent legal ambiguities in future cases. The ruling also underscored the necessity for legislative amendments to refine the jurisdictional framework in Gilgit-Baltistan, ensuring that similar issues do not arise again. This case is significant for its implications on the legal interpretation of jurisdiction and the operational authority of the Chief Court in financial matters, impacting future litigations involving financial institutions in the region. |
| Court |
Chief Court
|
| Entities Involved |
Federal Government,
National Bank of Pakistan,
Gilgit-Baltistan Council
|
| Judges |
SAHIB KHAN,
MUZAFFAR ALI
|
| Lawyers |
Malik Shafqat Wali,
Javed Ahmed,
Hassan Rashid Qamar,
Raja Zia-ur-Rehman,
Ehsan Ali
|
| Petitioners |
SAFDAR ENTERPRISES PVT. (LIMITED) through Javed Hussain and 8 others
|
| Respondents |
NATIONAL BANK OF PAKISTAN through President and 5 others
|
| Citations |
2012 SLD 588,
2012 CLD 1578,
2012 CLC 1264
|
| Other Citations |
2002 SCMR 496
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009
|
| Sections |
2(b)(II),
22,
69,
71,
84
|