Lahore High Court on Tuesday restrained the sessions court from conducting proceeding on Arsalan Iftikhar’s petition seeking the registration of a case against his business partner, Mian Atif.
The petitioner said that Iftikhar had filed a petition seeking registration of a case under Sections 22-A and 22-B of the Criminal Procedure Code against Atif for a dishonoured cheque for Rs70.28 million. However, he said, Sections 22-A and 22-B had been inserted in the CrPC through presidential ordinance in 2002 and had expired after completing the constitutional period of 90 days because it was never presented before the parliament to become a permanent law. Thus, a sessions court could not pass an order for registration of a case under Sections 22-A and 22-B, he said.
Justice Khalid Mehmood Khan then ruled that important legal points had been raised in the petition which needed consideration.
The court barred the sessions court from hearing the petition and issued notices to the attorney general of Pakistan and the advocate general of Punjab till the last week of September.
Published in The Express Tribune, August 13th,2014.
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