BABAR ZULIFQAR NIZAMI & ORS vs KHURSHEED ALI SHAH & ANOTHER
This matter arose out of a Criminal Miscellaneous Application filed before the Sindh High Court challenging an order dated 12.06.2023 passed by the District & Sessions Judge, Thatta, in Direct Complaint No.03/2023. The trial court had taken cognizance of offences punishable under Sections 500, 501, and 502 of the Pakistan Penal Code 1860 and issued bailable warrants against the applicants. Although the High Court had granted an ad-interim order on 22.11.2023 suspending the operation of the impugned order, the trial court subsequently issued a letter on 27.11.2023 to the State Bank of Pakistan and NADRA authorities to block applicant No.1's CNIC and bank account. The core question was the legal propriety and effect of the trial court's order issued after the High Court's suspension order. The High Court observed that the trial court's letter was likely written due to non-communication of its ad-interim order, directed the trial judge to exercise caution in the future, and ordered the trial court to immediately issue directions to de-block applicant No.1's CNIC and bank account.
- What action should a trial court take when it issues orders impacting a party's rights after an ad-interim suspension order has been granted by a High Court?
- Can actions taken by a trial court pursuant to an impugned order be reversed if they were issued after a High Court suspended the operation of that impugned order?
- Section 500, Pakistan Penal Code 1860
- Section 501, Pakistan Penal Code 1860
- Section 502, Pakistan Penal Code 1860
1. Crl. Misc. App: No.918 / 2023 Learned counsel for the Applicant in Cr. Misc. Application No.918/2023 while filing statement, which is taken on the record, submits that despite ad-interim order dated 22.11.2023, passed by this Court, whereby the operation of the impugned order was suspended, the trial court issued a letter to the Governor State Bank of Pakistan and Nadra Authorities for blocking CNIC and the bank account of applicant No.1 Babar Zulfiqar Nizami. Resultantly, the CNIC and the bank account have been blocked, which is causing serious hardship to the Applicant, as such, directions may be passed to the trial court to de-block the CNIC and the bank account of the Applicant.
2. From perusal of the record, it appears that the present Cr. Misc. Application has been filed challenging the order dated 12.06.2023, passed by learned District & Sessions Judge, Thatta, in Direct Complaint No.03/2023, whereby trial court while taking the cognizance of the case for offences under Sections 500,501 and 502 PPC, issued bailable warrant against the present Applicant with the directions to furnish solvent surety in the sum of Rs.50,000/-each and PR bond in the like amount.
3. Record further reveals that on 22.011.2023, this Court while issuing notice on the instant application suspended the operation of the impugned order dated 12.06.2023, passed by the learned District & Sessions Judge, Thatta. However, from perusal of the letter, annexed with the Statement filed today in Court, it reflects that the said letter issued by the District & Sessions Judge, Thatta, on 27.11.2023 after the ad-interim order was already passed by this Court as such the letter appears to be written perhaps due to non-communication of the ad-interim order. In the circumstances, the concerned Sessions Judge to remain careful in future and immediately issue a letter to the Governor State Bank of Pakistan and the NADRA Authorities for de-blocking the CNIC and the Bank Account of the Applicant Babar Zulfiqar Nizami.
4. Crl. Misc. App: No.978 / 2023 Learned counsel for respondent No.1 upon receiving copy of the Applications along with annexures seeks time in this matter. Time is allowed.
5. Learned counsel for the Applicant further submits that though his Vakalatnama is available in the Court file, however, his name is not appearing in the Daily Cause List, as such the office may be directed to make it sure that his name appears in the Daily Cause List in respect of the present case in future. Order accordingly.
6. By consent the matter is adjourned to 16.04.2024. Interim order, passed earlier, to continue till the next date of hearing.