LAHORE: An assistant attorney general (AAG) has filed a complaint with the Supreme Judicial Council (SJC) against a senior judge of the Lahore High Court (LHC), accusing him of favouring an oil marketing company by extending a stay order on an inquiry by the Federal Investigation Agency (FIA) for the last seven years.

AAG Sheraz Zaka stated in his complaint a case of an oil company vs Ministry of Petroleum (case number W.P.No. 6727-17) is pending for the past seven years before the court of Justice Shams Mehmood Mirza. “On every date of hearing, he extends the stay order to the petitioner.”

The law officer said he represented the federation and the FIA as assistant attorney general of Pakistan in the case before the court of Justice Mirza.

He alleged that the judge deliberately favoured the petitioner-company for the last seven years and would extend the stay orders on every date.

The case pertains to the recovery of petroleum levy of Rs401 million from the company.

Mr Zaka said the government faced a colossal loss according to an official audit and an inquiry was initiated by the FIA into the matter.

However, he said, the inquiry has been brought to a halt due to the stay, which was first granted in 2017 by LHC former chief justice Syed Mansoor Ali Shah, now senior puisne judge of the Supreme Court (SC).

After the elevation of Justice Shah to the SC in 2018, the case was transferred to the court of Justice Mirza.

Since then, Justice Mirza, what the law officer alleges, has kept the case pending to “favour” the oil marketing company.

Mr Zaka stated that the judge must be held liable for showing inefficiency, for not deciding the case, with dishonest intention.

At the last date of hearing on Dec 24, 2024, he said, the judge kept the file for ‘wait for orders’ and then again adjourned the case till April 14, 2025.

“Learned counsels for the parties are continuing with their arguments. Relist on 14. 04. 2025,” said the written order issued by Justice Mirza on the last hearing.

Attendance of Ali Sibtain Fazli, Hashim Ahmad Khan and Umar Tariq Gill was marked as advocates for the petitioner/oil company.

AAG Zaka and Investigating Officer Rana Adil appeared on behalf of the government and the FIA, respectively.

In his complaint, the law officer pointed out that after the 26th constitutional amendment, a judge can be removed for showing inefficiency.

A roster of federal law officers for the current week issued by the office of the attorney general of Pakistan revealed that Mr Zaka has been replaced with AAG Humza Sheikh to represent the federation before the single bench of Justice Mirza.

Sources claim that AAG Zaka is being pressured to tender his resignation or face removal.

Published in Dawn, January 24th, 2025