I dont think, ke. Sheikh Rashid ya PTI ko hudaibya case par SC main jaana chahye..ke woh NAB. se kahein ke hudaibya case reopen karein aur SC main appeal karein.. SC will reject this petition, as even Justice Khosa had already said in panama case judgment tht SC, being the appellate court cant order anyone to file an appeal before it..
Relevant portion from Justice Khosa's judgment
The High Court had not only quashed the Challans submitted in those two criminal cases but had also proceeded to take the extraordinary step of acquitting the accused persons in exercise of writ jurisdiction of that Court under Article 199 of the Constitution foreclosing any possibility of any fresh trial of the accused persons in view of the principle of autrefois acquit and astonishingly the Federal Investigation Agency or the State never bothered to challenge that judgment of the High Court before this Court. Respondent No. 1 was the Prime Minister of Pakistan and the Chief Executive of the Federation at that time and, thus, inaction of the Federal Investigation Agency or the State in the matter was quite understandable and in the process a financial scam involving millions of US Dollars was prematurely buried without any possibility of its resurrection unless at some future stage the State or the Federal Investigation Agency decides to challenge the said judgment of the High Court before this Court through a time-barred petition/appeal. Keeping in view the glaring and extraordinary circumstances mentioned above I might have been tempted to issue a direction to the State or the Federal Investigation Agency in that regard but inappropriateness of such a step has restrained me from doing that. An appellate court directing a party to a case to file a petition or an appeal before it in a matter decided by a Court below would surely be quite objectionable and offensive to judicial impartiality which I cannot allow to be compromised at any cost.
