January 18, 2002	Friday	Ziqa'ad 3, 1422

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ISLAMABAD, Jan 17: The Supreme Court on Thursday issued a notice to National Accountability Bureau for Jan 21 to examine the jurisdiction of high court judges, which has been curtailed to the extent that even bail matters relating to NAB cases are being referred to chief justices sitting at principal seats.

Justice Javed Iqbal of the Supreme Court issued the notice on a constitutional petition filed by Advocate Sardar Mohammad Ghazi on behalf of Qazi Naeem, Additional Director-General of Military Lands.

The petitioner has challenged the vires of an order passed by a judge of the LHC, Rawalpindi bench, declining to hear a writ petition filed by him.

The judge had referred the matter directly to the Chief Justice of the LHC for the constitution of a division bench at the principal seat.

Qazi Naeem Ahmad is facing a case regarding sanctioning of bungalow No152 in favour of Chaudhry Mohammad Abbas in 1990.

He had filed a constitutional petition in the Lahore High Court, seeking anticipatory bail on the grounds that the reference was mala fide and with a motive to humiliate him at the twilight of his career.

Justice Ali Nawaz Chowhan had allowed him interim bail through an order issued on Nov 10, 2001. He, however, after conducting another hearing, referred the matter to the chief justice and directed the petitioner to appear before the chief justice on Jan 11, 2002.

The petitioner has raised a number of legal issues, including whether the judges of the high courts sitting at the benches are not possessed of the jurisdiction to adjudicate the matter raised in NAB references.

The court has been further requested to decide whether for the bail matters and interlocutory orders the senior puisne judge is handicapped to nominate or constitute a larger bench at the principal seat of a high court and whether or not it affected the independence of the judiciary.