By Adnan Rafique
ISLAMABAD: The Islamabad High Court (IHC) on Monday referred a petition challenging the auction notices issued for Bahria Town properties to the office of the Chief Justice for the constitution of an appropriate bench.
The matter came up before Justice Arbab Muhammad Tahir, who observed that he had previously heard the dispute in an intra-court appeal (ICA) and, therefore, considered it appropriate that the case be placed before another bench.
During the hearing, counsel for the petitioner, Farooq H. Naek, informed the court that an earlier writ petition on the matter had already been decided by former Chief Justice Sarfraz Dogar.
Justice Tahir also questioned why NAB Prosecutor Rafi Maqsood was present at the rostrum despite no notice having been issued to the bureau. The prosecutor responded that he was available to assist the court if required.
The court further inquired whether an intra-court appeal had previously been filed in the matter. The NAB prosecutor informed the court that the issue was currently pending before the Supreme Court and that a similar plea had earlier been dismissed by an IHC division bench.
Justice Tahir observed that since the incumbent Chief Justice had previously dealt with matters relating to the case, it would be appropriate for the petition to be placed before him. He directed that the case file be forwarded to the Chief Justice’s office for constitution of a new bench, expressing the hope that the matter could be taken up the same day.
The petition challenges notices issued by the National Accountability Bureau (NAB) for the auction of five Bahria Town properties scheduled for July 7.
