Karachi : Sindh High Court (SHC) Wednesday on petition filed by senior professionals of State Bank of Pakistan (SBP) stayed enforcement of NBWs and issued notice to respondents and DAG Sindh.
SHC division bench comprising Justice Syed Hasan Azhar Rizvi and Justice Aftab Ahmed Gorar in order said: Urgency application is allowed. Deferred for the time being. Allowed subject to all just exceptions. Learned counsel submits that on identical grounds C.P number D-2769/2012 was filed by the officials of National Bank of Pakistan wherein this court stayed the NBWs and directed the respondents not to arrest the petitioners without permission of this court. He submits that present petitioners are also entitled for the same relief as their names are also malafidely mentioned by the respondents number 2 to 4 in the charge sheet submitted in the court of Special Judge Central-I Karachi. Learned counsel besides the arguments advanced in CP. Number D-2769/2012, has further argued that under sub-section 1-A of Section 83 r/w Section 84 of the Banking Companies Ordinance, 1962, no court shall take cognizance of any offence punishable under sub-section (1), (1-A), (1-B), (1-C) and (1-D) of section 83 except on a complaint in writing made by an officer of the State Bank generally or specially authorized in writing in this behalf by the State Bank and no court other than the High Court shall try such offence. He also placed on record a copy of letter dated June 21, 2011 issued by the State Bank of Pakistan regarding inquiry number 38/2009 wherein it is stated that State Bank did not find any Criminal Violations that would require actions or further enquiries by FIA.
Issue notice to the respondents as well as learned DAG for August 07, 2012. In the meantime, enforcement of NBWs, if already issued against the petitioners, are hereby stayed. Petitioners may not be arrested without permission of the court and no coercive action shall be taken against them till the next date of hearing.