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Criminal Petitions Nos. 6, 8 and 15 of 1985, decided on 8th May, 1985.
(Against the judgment and order, dated 8‑12‑1984 and 17‑12‑1984 of the Lahore High Court, Lahore, in Criminal Miscellaneous No. 285‑Q/84, W.P.No. 5506 of 1984 and Criminal Miscellaneous No. 296‑Q/84).
‑‑‑Art. 185(3)‑‑Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S.4‑‑Criminal Procedure Code (V of 1898) Ss.249‑A & 265‑K‑‑Prayer for acquittal under Ss. 249‑A & 265‑K, Criminal Procedure Code‑‑Leave to appeal dismissed with observation that objections to jurisdiction of Special Court on ground of retrospectively and on other legal grounds taken up in High Court and Supreme Court were to be allowed to be raised before Special Court‑‑Such questions alongwith prayer for acquittal to be decided by Special Court first‑‑Pending disposal of such jurisdictional question and question of acquittal, accused ordered to be present before Special Court on each date of hearing and not to be arrested provided they continued to attend.
Khalid Anwar, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioners.
Ejaz Hussain Batalvi, Senior Advocate Supreme Court, M.A. Zafar, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Respondents.
M. Qayyum Malik, Deputy Advocate‑General, Khalil Ramdey, A.A.‑G. and M.M. Saeed Bagi, Advocate Supreme Court, on Notice.
Date of hearing: 8th May, 1985.
This order will dispose of all the three petitions as common questions of law arise therein.
Leave is refused with the observation that the objections to the jurisdiction of the Special Court on the ground of retrospectivity, and on other legal grounds taken up in the High Court and before us, are allowed to be raised before the Special Court. This question alongwith the prayer for acquittal (under section 249‑A or 265‑K, Cr.P.C.) shall be decided by the Special Court first.
Pending the disposal of such jurisdictional questions and the question of acquittal, the accused not already exempted or to be exempted in future from attendance before Special Court shall personally attend the hearing and will not be arrested provided they continue to attend on each date of hearing.
Keeping in view the nature of this case and its special features, the Special Court may consider deciding this matter very early, if possible, within two months from today.
M. Y. H. Leave refused.
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