IN THE SUPREME COURT OF PAKISTAN 
 
(Original Jurisdiction) 
 
 
 
 
 
PRESENT: 
 
 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
 
 
 
Mr. Justice Muhammad Sair Ali 
 
 
 
Mr. Justice Jawwad S. Khawaja 
 
 
Constitution Petitions No. 20 to 27 of 2009 
 
The Bank of Punjab  
 
 
 
 
…Petitioner 
Versus 
 
Haris Steel Industries (Pvt) Ltd & others 
 
…Respondents (Const. P 20/09) 
Sheikh Muhammad Afzal, etc. 
 
  
…Respondents (Const. P 21/09) 
Haris Afzal, etc.  
 
 
  
…Respondents (Const. P 22/09) 
Hamesh Khan & others. 
 
 
  
…Respondents (Const. P 23/09) 
Muhammad Zia-ul-Haq, etc. 
 
  
…Respondents (Const. P 24/09) 
Haroon Aziz, etc.  
 
  
 
…Respondents (Const. P 25/09) 
Muhammad Shoaib Qureshi,  etc.   
 
…Respondents (Const. P 26/09) 
Aziz-ur-Rehman, etc. 
 
 
  
…Respondents (Const. P 27/09) 
 
For the petitioner: 
 
Kh. Haris Ahmad, ASC 
 
 
 
 
Mr. Arshad Ali Chaudhry, AOR 
 
For respondents 1-3:  
Mr. Uzair Karamat Bhindari, ASC 
(Const. P. 20/2009)  
Mr. M.S. Khattak, AOR 
For respondents No.1, 
4  to 6: 
(Const. P. 22/2009)  
 
On Court’s notice:  
Mr. Salahuddin Manager, 
 
 
 
 
M/S Iqbal A. Nanji Co. 
 
For respondent 1: 
 
Mr. Talib H. Rizvi, Sr.ASC  
(Const. P. 23/2009)  
 
For respondent 1 & 2: 
Mr. Ghulam Sabir, ASC  
(Const. P. 24/2009)  
 
For respondent 1: 
 
Mr. Ashtar Ausaf Ali, ASC  
(Const. P. 25/2009)  
 
For respondent 1: 
 
Mr. Ahmad Awais, ASC  
(Const. P. 26/2009)  
 
For respondent 1: 
 
Mr. Abid Aziz Sheikh, ASC  
(Const. P. 27/2009)  
 
On behalf of State  
Raja Abdul Ghafoor, ASC/AOR 
Bank of Pakistan 
 
On behalf of NAB:  
Dr. Danishwar Malik, Prosecutor General, NAB 
Mian Muhammad Bashir, DPG, NAB 
 
 
 
 
 
Abdul Rehman, S.I., P.S. Defence, Lahore 
 
Date of hearing: 
 
14.7.2009 
 
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ORDER 
 
 
Pursuant to the preceding order, following persons representing  their 
Organisations, have entered appearance:- 
Waris Malik ( Respondent No.3 in Const. P. 20/2009) 
(CNIC No. 35202-9233959-7) 
Irfan Ahmad Sheikh (Respondent No.3 in Const. P. No. 21/2009) 
Muhammad Munir Sh. (  CNIC No. 35202-4541788-1) 
Noman Arif (Respondent No.2 in Const. P. No. 24/2007) 
(CNIC No. 35200-1424207-7) 
Muhammad Zia-ul-Haq ( Respondent No.1 in Const. P. No. 24/2009)  
(35201-1578154-7) 
 
Haroon Aziz (Respondent No. 1 in Const. P. No. 25/2009) 
(CNIC No.  35202-9878627-5) 
 
Aziz-ul-Hameed (Respondent No.1 in Const. P. No. 27/2009) 
(CNIC No. 35202-2418938-5) 
 
Shoaib Qureshi ( Respondent No.1 in Const. P. 26/2009) 
(CNIC No. 35202-8482330-1)  
 
whereas  neither Ali Ijaz, Sh. Muhammad Afzal, Noman Iqbal, Asad Ashraf, Suhail Tufail, 
Muhammad Suhail and Hamesh Khan have attended the Court nor any one is present on 
behalf of Hamza Rice Mills, respondent No.7 in Const. Petition No.22/2009.  It is reported 
by Muhammad Munir Sheikh that his brother, Sh. Muhammad Afzal and nephew, Haris 
Afzal are out of country being in  United Kingdom. He is directed to produce their complete 
addresses  alongwith Passport numbers. As far as remaining persons who have not attended 
the Court, their service shall be effected through the Deputy Registrar, Lahore. Notices be 
sent to him today by fax. He shall be  free to  involve any agency for effecting service so that 
they may attend the Court on the next date of hearing.  
2. 
Learned counsel for Hamesh Khan stated that he has obtained a concise statement 
duly signed by his client and notarized in U.S.A. It is pertinent to mention that despite  
directions of this Court, Hamesh Khan is not in attendance.  The learned counsel may obtain 
his complete address by tomorrow, inasmuch as, if he is not willing to avail the facility of 
protection  of this Court provided to him vide order dated 29.6.2009, then process as 
envisaged under the law, shall be issued for ensuring his attendance.  
3. 
Kh. Haris Ahmad, learned counsel for the petitioner stated  that no serious efforts 
have been made by the individual respondents or the respondent-Companies and they are  
trying to prolong the matter on one or the other pretext. He further stated that the Bank of 
Punjab  got evaluation of its collateral security from  M/S Iqbal A. Nanji  & Company 
whereas Mr. Uzair Karamat Bhindari, learned counsel for  some of the respondents stated 
 
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that the said evaluation is not proper as according to evaluation of their own evaluators, the 
valuation of the property was much higher, therefore, on account of this reason negotiation 
between the parties could not be finalized.  
4. 
We have seen the evaluation reports prepared by the evaluators engaged by the 
respondents but without hearing  them and understanding the basis on which they have 
evaluated the property, it would not be possible to accept the said valuation. Therefore, all 
the evaluators engaged by the respondents as well as  M/S Iqbal A. Nanji & Company are 
required to attend the Court on the next date of hearing.  
5. 
Learned counsel for the petitioners contended that the controversy between the 
parties cannot be settled  unless  a true picture in respect of the status  and the names  of the 
persons  who mortgaged the properties with the  Bank with particulars, is not brought before 
the Court. According to him, some of the properties are situated on the border of Pakistan 
and India but at the time of taking loans this was not pointed out. Moreover, preparing  
fictitious  Identity Cards in certain cases, the same were mortgaged by playing fraud with the 
Bank   and indirectly 9000 depositors who had deposited their money had factually been 
deprived of their money. 
6. 
There being two sets of evaluators showing their respective evaluations, as noted 
hereinabove, to satisfy   ourselves  as to the status of the properties  and to obtain the names 
of the mortgagees with full particulars, etc, we direct the Chief Secretary, Government of the 
Punjab to depute a competent officer from the Board of Revenue, Punjab not below the rank 
of Secretary of the Board, who shall adopt measures by visiting the lands/plots/sites  
personally and having gone through the records, ownership of the properties, the names of 
the mortgagees with their particulars and Identity Cards, etc. and value  prevalent in the 
market on the basis of  Aust Bai, submit a comprehensive report which must reach the Court 
on the next date of hearing.  
7. 
The respondents who have not deposited the copies of their Identity Cards are 
required to do so before the next date of hearing. The Secretary Interior, Government of 
Pakistan as well as the Director General, F.I.A. may also depute two officers  from their 
respective departments, who shall assist  Mr. Shah Khawar, learned Deputy Attorney 
General and Dr. Danishwar Malik, Prosecutor General, N.A.B. for the purpose of providing  
information to them to procure the details of the persons whose attendance is  to be procured 
from outside the country by adopting the relevant processes provided by law  and those 
officers shall be available to assist the Court as  to whether there is an extradition treaty 
between Pakistan and the United States of America, where presently Hamesh Khan is 
 
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residing as well as with the United Kingdom, where  Sh. Muhammad Afzal and his son 
Haris Afzal are statedly residing. The learned Deputy Attorney General  will also examine if 
in such like situations, when a person is   disobeying the order of the Court would  it be 
possible for the Government to cancel his Passport/other immigration documents on the 
basis whereof he has traveled abroad. It is reported that Hamesh Kahn left Pakistan  through 
Peshawar despite the fact that his name was  on the exit control list.  We were informed that 
an investigation in this behalf is going on against the concerned officers. We would 
appreciate if the Director General, F.I.A. expedites the action against them and also submits 
a report on the next date of hearing.  
8. 
Let this case be adjourned to 16.7.2009. The respondents, present in Court, shall 
continue  appearing on each date of hearing unless otherwise directed. In the meanwhile,  no 
harassment will be caused to them  nor will any agency arrest them without Court orders.  
9. 
As the listed petitions  cannot be disposed of  without perusal of the record of the 
litigation pending before the Islamabad High Court,  the Registrar  of the said Court is 
directed   transmit  all the files of the cases, details of which shall be  furnished  by Khawaja 
Haris Ahmad to the Registrar of this Court during the course of the day.  
 
 
 
 
 
 
 
 
 
 
Chief Justice 
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
Judge  
ISLAMABAD 
14.7.2009 
Ejaz Goraya