ISLAMABAD, Dec 26: The Supreme Court was approached on Wednesday to decide whether jurisdiction of the high court judges working at the benches has been curtailed by the Supreme Court judgment as even the bail matters relating to NAB cases were being referred to the chief justice sitting at the principal seat.
Advocate Sardar Mohammad Ghazi, in a constitutional petition on behalf of Qazi Naeem, additional Director General Military Lands and Cantonment, challenged the vires of an order passed by a judge of LHC, Rawalpindi Bench, declining to hear writ petition filed by him.
The judge had referred the matter directly to the chief justice of LHC for constitution of division bench at the principal seat.
Qazi Naeem Ahmad is facing a case regarding sanctioning of Bungalow No152 commonly known as St. Paul Church, in favour of Chaudhry Mohammad Abbas in 1990.
He had filed a constitutional petition in Lahore High Court, praying for grant of anticipatory bail on the ground of reference being mala fide and with motive to humiliate him at the twilight of his career.
Justice Ali Nawaz Chowhan had allowed interim bail through an order dated Nov 10, 2001. He, however, after conducting another hearing, referred the matter to the chief justice and directed the petitioner to appear before him (the CJ) on Jan 11, 2002.
The petitioner has raised a number of legal issues, including whether the judges of the High Court sitting at the benches were not possessed of the jurisdiction to adjudicate the matter arising of NAB references.
The apex court is further requested to decide whether even for the bail matters and interlocutory orders, the senior puisne judge was handicapped to nominate or constitute a larger bench at the bench of the High Court and whether or not it affected the independence of the judiciary.






























