ISLAMABAD, October 28: Chief Justice of Pakistan (CJP) Mian Saqib Nisar has rejected the National Accountability Bureau (NAB) plea for constitution of a larger bench to hear the review petition against the dismissal of its petition for reopening the 18-year-old Rs1.2 billion Hudabiya Paper Mills scam against the Sharif family.
The CJP has fixed the NAB review petition before the same three-judge bench led by Justice Mushir Alam and comprising Justice Qazi Faez Isa and Justice Mazhar Alam Khan Miankhel, which dismissed the bureau’s plea in December last year.
A senior NAB official confirmed to The Express Tribune on Saturday that the application regarding the formation of a seven-judge larger bench to hear the anti-corruption watchdog’s review petition had been dismissed by the CJP, adding that the development was shared by the Advocate on Record (AoR) on Saturday. The official revealed that though it was very difficult to argue a review petition before the same judges, they were hopeful about convincing the bench to reverse its earlier Continued on page 7
Continued from front page
judgment. He said despite rejection of the application, NAB would again argue for the constitution of a larger bench to hear the matter.
The NAB in its application contended that a larger bench, consisting of five judges of the apex court, cast serious aspersions over the Hudabiya Paper Mills case, whereas the judgment under review, rendered by a three-member bench, took a different view from that of the larger bench in the Panamagate case in the April 20, 2017 judgment, and it was thus submitted that this was not in consonance with the settled legal and judicial principles and norms of law.
NAB referred a number of observations by Justice Asif Saeed Khosa to justify that there was a conflicting view among the SC judges regarding the reopening of the Hudabiya case.
“In order to resolve this anomaly, it will be just and proper to constitute a larger bench consisting of seven honourable members of this court for the hearing of this civil review petition,” says the application.
The application contends that the Hudabiya Paper Mills case has a direct nexus with the Panamagate scam. “Thus in the light of two divergent views expressed by two different benches of the apex court, the matter needs to be reconciled and it can only be done by placing the matter before a larger bench,” it added.-Agencies
