LAHORE: The Lahore High Court (LHC) held that an appeal in the NAB cases cannot be placed before a division bench for its disposal.
The court observed that if the NAB cases are directly fixed or filed before a division bench, it will deny a party’s right to file appeal against the order of a single judge.
The court passed this order in a petition of Aamir Nawaz praying the court to direct the NAB for expediting the process of an inquiry against him.
The court directed the office to fix the petition before a single bench and warned the office to take due care in future to ensure the categorisation of cases at the time of their filing whether they are to be placed before a single bench or a division bench.
The court observed that no provision is available under the NAB ordinance which deals with direct placement of matters before the division bench of high court except the appeals arising out of final judgment or order of the court under section 32 of the ordinance.
The court said there are a plethora of judgments of this court whereby the single bench alone heard and decided the NAB matters.
The court observed that any matter in constitutional jurisdiction of the high court will be referred, heard and disposed of by a single bench unless provided by law or the rules or the order of the Chief Justice.
The court observed that it is inalienable right of every person to be treated as per law and rule of justice which has two major components including access to justice and dispensation of justice.
The court said, Article 10-A of the Constitution deals with right of fair trial and due process and Article 4 deals with enjoyment of protection of law and to be treated as per law.
The court said the LHC rule outlines the procedure for presenting a particular type of petition, before a single judge for its decision unless the Chief Justice orders something different.
The court; therefore, directed the office to circulate a copy of this judgment to the additional registrars (Judicial) of all the LHC benches for compliance.
Copyright Business Recorder, 2025
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