| Case ID |
3d745814-54c0-4c12-a29d-0fbcf11e46f1 |
| Body |
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| Case Number |
Civil Petition No. D-450 of 2014 |
| Decision Date |
Feb 14, 2014 |
| Hearing Date |
Feb 10, 2014 |
| Decision |
The Sindh High Court dismissed the petition challenging the reference filed by the National Accountability Bureau (NAB) against the petitioner, AQEEL KARIM DHEDHI. The court ruled that it lacked jurisdiction to quash the proceedings of a reference pending before the Accountability Court in another province. The court emphasized that the jurisdiction of a High Court is confined to the courts established within its own province and that any action taken by a federal body affecting individuals in another province must be addressed within that jurisdiction. Thus, the petitioner's claims regarding the illegality of NAB's actions were not upheld, reinforcing the legal principle that the jurisdiction of High Courts is determined by the location of the courts concerned. The decision highlights the importance of adhering to the stipulated jurisdictional boundaries established under the National Accountability Ordinance. |
| Summary |
This case revolves around the constitutional petition filed by AQEEL KARIM DHEDHI against the actions of the National Accountability Bureau (NAB). The petitioner contended that the reference filed by NAB was illegal and sought various reliefs, including the quashing of the reference and removal from the Exit Control List. The Sindh High Court, presided over by Judges Ghulam Sarwar Korai and Salahuddin Panhwar, examined the jurisdictional aspects of the case, noting that the proceedings were initiated in a different province than where the petition was filed. The court ultimately ruled that it did not have the authority to intervene in matters being dealt with by the Accountability Court in Islamabad. The court's decision underscores the critical nature of jurisdiction in legal proceedings and the necessity for individuals to seek remedies within the appropriate judicial framework. This case is significant for understanding the limitations of High Court jurisdiction in Pakistan, particularly concerning cases involving federal entities and the National Accountability Bureau. Keywords: National Accountability Bureau, jurisdiction, constitutional petition, High Court, Accountability Court, legal proceedings, Pakistan law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM SARWAR KORAI,
SALAHUDDIN PANHWAR
|
| Lawyers |
Dr. Farogh Naseem,
Murtaza Wahab,
Noor Muhammad Dayo, ADPG
|
| Petitioners |
AQEEL KARIM DHEDHI
|
| Respondents |
3 others,
NATIONAL ACCOUNTABILITY BUREAU through Chairman
|
| Citations |
2015 SLD 484,
2015 PLD 1
|
| Other Citations |
L.P.G. Association of Pakistan v. Federation of Pakistan 2009 CLD 1498,
Sandalbar Enterprises v. Federation of Pakistan PLD 1997 SC 334,
Messrs Al-Iblagh Limited Lahore v. Copyright Board 1985 SCMR 758,
Dr Zahoor Ahmed Shah v. Federation of Pakistan 2005 MLD 718,
Dr Qaiser Rasheed v. Federation of Pakistan PLD 2006 Lah. 789,
Messrs Ibrahim Fibers v. Federation of Pakistan PLD 2009 Kar. 154,
Abdul Ghafar Lakhani v. Federation of Pakistan PLD 1986 Kar. 525,
Amin Textile Mills v. Federation of Pakistan 1998 SCMR 2389,
Flying Craft Paper Mills v. Central Board of Revenue 1997 SCMR 1874,
Shah Abdul Sattar Lasi v. Federation of Pakistan 2006 CLD 18,
Muhammad Ashraf v. Chairman NAB Civil Petition No.1728 of 2013
|
| Laws Involved |
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
199,
16A,
18,
32
|