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Justice Sheikh Najamul Hassan of Lahore High Court, acting as referee judge, issued notice to the federal government for April 30 in Sharif family loan case. Justice Sheikh Najamul Hassan had already issued notices to the parties on the point whether NAB was competent to initiate proceedings against Sharifs after a lapse of more than 12 years or be quashed.
During the proceedings on Wednesday, the NAB counsel pointed out that the federation had been impleaded in the matter; therefore, notices should also be issued to federation. The judge agreeing on it also issued notices to the federation. Chief Justice Umar Ata Bandial had appointed Justice Sheikh Najamul Hassan as referee judge after LHC division bench had given dissenting observation in the case.
In the two petitions of M/s Hudabia Papers Limited and Ms Shamim Akhtar Vs Federation of Pakistan the point of difference is, `Whether this court after coming to the conclusion that the reference and subsequent proceedings taken thereon are liable to be quashed, should, however, make an observation that the NAB authorities are competent to proceed against the petitioners if investigation is again initiated in accordance with law or would this observation amount to give free hand to NAB authorities and premium to the prosecution of their own fault and provide them an opportunity to fill up their lacunas and equip them with better tools for combating/victimising the petitioners at their hands after a lapse of 12 1/2 years.
According to details the NAB had prepared the references during the Musharraf regime in the year 2,000 when the Sharif brothers were detained in the Attock Fort. On April 4, 2001, the references were adjourned sine die. On August 8, 2007, the NAB filed an application for revival of the references. But the court did not proceed with the matter, which was again adjourned sine die in August 2008 because it was not routed through the NAB chairman.

Copyright Business Recorder, 2013

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