IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
PRESENT: 
 
 
Mr. Justice Umar Ata Bandial, CJ 
 
 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Munib Akhtar 
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi 
 
 
Mr. Justice Muhammad Ali Mazhar  
 
 
 
SUO MOTO CASE NO.2 OF 2022 
(Re: Apprehension of Undermining the Criminal 
Justice System by Persons in Authority. Prima Facie 
Violation of Article 10A, 25 and 4 of the Constitution).   
 
 
In attendance: 
 
 
Mr. Ashtar Ausaf Ali, 
Attorney General for 
Pakistan  
  
 
  
Date of Hearing  
: 19.05.2022 
 
ORDER 
 
 
Notice is issued to the Secretary, Ministry of 
Interior, the Director General, FIA, the Chairman/Regional 
Directors, NAB, the Prosecutor Generals and Advocates 
Generals in the Provinces and the ICT and the Head of 
Prosecution Branch in FIA and NAB. The said officers shall 
file their statements in writing, answering to the extent 
relevant to them, the allegations, the facts and the material 
that are contained in the order of 18.05.2022 and the 
opinion 
of 
the 
learned 
recommending 
Judge 
for 
commencement of these proceedings. The points that are 
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involved for response and explanation by the said officers 
are: 
(i). 
The names of such officers and their 
successors in the Investigating Branch and the 
Prosecution Branch of FIA and NAB in High profile 
cases who have been transferred, posted, removed 
from their positions in the last six weeks.  
 (ii) 
The names of persons who have been 
removed from ECL during the said period and the 
process employed in distinguishing their cases for 
the relief granted. The description of the process 
now adopted for dealing with the ECL affectees 
and whether the previous process has been 
amended or abandoned as a result. Status quo 
shall be maintained till the next hearing.  
(iii) 
The steps taken for the preservation of the 
case 
files 
and 
the 
case 
record 
with 
the 
Investigating Branch, the Prosecution Branch and 
the Record of the concerned Trial Court whether a 
Special Court (Central) or an Accountability Court.  
(iv) 
The Investigation and Prosecution record in 
respect of high profile cases pending with both the 
FIA and the NAB shall, unless required for 
submission in Court, be checked, verified and kept 
in safe custody of the head of the concerned 
department and a report stating compliance to the 
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said effect shall be presented to the Court on the 
next date of hearing.  
(v) 
No prosecution case shall be withdrawn 
until the next date of hearing.  
 
2. 
 
Notice shall also be issued to the Registrars of 
the High Courts of the Provinces and ICT for conveying this 
order to the Courts of Special Judge (Central) and 
Accountability Courts functioning within the jurisdiction of 
the respective High Courts.  
3. 
 
  The Court is concerned with the guarantees 
provided by the Constitution to the peoples of Pakistan in 
Article 4 for the rule of law, Article 10 for compliance with 
due process and Article 25 of the Constitution for equal 
protection of and equal treatment of all persons in 
accordance with law. These guarantees serve to assure the 
integrity, sanctity and fairness of the Criminal Justice 
System; and to secure that alone is the object of these 
proceedings.  
4. 
 
Transfers, postings and removals of persons 
involved in the investigation of or prosecution of high 
profile cases falling within charge and jurisdiction of the 
Courts of Special Judge (Central) and the Accountability 
Courts shall not be removed, transferred or posted till 
further orders.   
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5. 
 
The learned Attorney General for Pakistan seeks 
leave to file documents that to his mind shall be of 
assistance in the matter of securing, promoting and 
ensuring the integrity, sanctity and the fairness of the 
Criminal Justice system in the Investigation, Prosecution 
and trial of high profile cases before the above mentioned 
Courts.   
6. 
 
Adjourned to 27.05.2022        
    
   
   
CHIEF JUSTICE 
 
 
 
 
JUDGE 
 
 
 
 
 
JUDGE 
 
 
 
 
 
JUDGE 
 
 
 
 
Islamabad 
19.05.2022 
Naseer 
JUDGE 
 
 
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