The court further said there is no legal bar on initiation of criminal proceedings while civil cases are pending on the same subject. Three cases are pending with ACE against both the accused persons, alleging that they had fraudulently transferred land worth millions of rupees. It was alleged that they issued NOC to a property situated at Cantt area but its transfer was done in sub-registrar Saddar area.
Likewise, they issued NOC of a land in Hafizabad on April 4, 2008, the same day when they were dismissed from the service. The petitioners argued that chairman PCBL got immunity from criminal proceedings as what he had done in his capacity as chairman could not be questioned.
They pointed out that civil proceedings are already pending before co-operative judge and criminal proceedings could not be initiated in the presence of civil case. While rejecting their pleas, the court observed that immunity could only be sought if a wrong act had been done in good faith. But in the instant case both the accused persons issued NOC with malafide intention.