C.M.No.1-2022 & C.M.No.1-2023.
Through this application (C.M.No.1-2023), the order dated 06.12.2022 passed in C.M.No.1-2022 suspending the impugned order is sought to be recalled.
2. Learned counsel for the writ petitioner despite under notice is not available without any prior intimation to this court but the proxy counsel requests for an adjournment, therefore, only learned Additional & Deputy Attorney Generals are heard.
3. Learned Additional & Deputy Attorney Generals for the applicant contend that in the main writ petition the notice under section 160 Cr.P.C. (Inquiry No.111/2022) under challenge was issued by the FIA CTW Islamabad to the petitioner, also at his Islamabad address, therefore, this court may not have the territorial jurisdiction to hear the matter in view of case titled "Sandalbar Enterprises (Pvt.) Ltd. Vs. Central Board of Revenue and others" reported as PLD 1997 SC 334 and case titled "Ch. Abdul Razzaq Vs. Federation of Pakistan and others" reported as PLD 1998 Lahore 394. Adds that the jurisdiction of this court to interfere under Article 199 of the Constitution is also ousted in terms of case titled "Dossani Travels Pvt. Ltd. and others Vs. Messrs Travel Shop (Pvt.) Ltd. and others" reported as PLD 2014 SC 1 and case titled "Government of the Punjab through Secretary, Schools Education Department, Lahore and others Vs. Abdul Rehman and others" reported as 2022 SCMR 25.
4. Keeping in view the above contentions not controverted by the opposite side, the restraining order dated 06.12.0222 passed in C.M.No.1-2022 is hereby recalled by allowing the C.M.No.1-2023 and dismissing C.M.No.1-2022.