LAHORE: The Lahore High Court (LHC) ruled that appeals in National Accountability Bureau (NAB) cases cannot be directly placed before a division bench for disposal.
The court noted that placing NAB cases directly before a division bench would deny the right of an affected party to appeal against a decision made by a single judge. The ruling was issued in response to a petition filed by Aamir Nawaz, who had requested the court to expedite the inquiry process against him.
The LHC directed the office to fix the petition before a single bench and cautioned it to ensure proper categorisation of cases at the time of filing, specifying whether they should be placed before a single bench or a division bench.
The court clarified that no provision under the NAB Ordinance allows for the direct placement of cases before a division bench, except for appeals arising from final judgments or orders under Section 32 of the ordinance. It also referred to previous judgments where NAB cases were heard and decided solely by a single bench.
The LHC further emphasised that any matter involving constitutional jurisdiction should be referred to and disposed of by a single bench, unless stipulated by law, the rules, or a directive from the Chief Justice.
The court reiterated the right to fair trial and due process as outlined in Articles 10-A and 4 of the Constitution, stressing that everyone should be treated according to law and justice. In conclusion, the court instructed the office to circulate the judgment to the additional registrars (Judicial) of all LHC benches for compliance.
