Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 5(R),9(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) National Accountability Bureau Ordinance (XVIII of 1999)--- ----S. 5(R) [as amended by National Accountability Bureau Ordinance (IV of 2000)]---Constitution of Pakistan (1973), Art. 185(3)---"Wilful default"--­Borrower after negotiation with the Bank, got his loan rescheduled--­Authorities initiated proceedings against the borrower under the provisions of National Accountability Bureau Ordinance, 1999, declaring him as a "wilful defaulter"---Validity---Leave to appeal was granted by Supreme Court to examine the interpretation of the relevant provisions of National Accountability Bureau Ordinance, 1999 [as amended]. (b) National Accountability Bureau Ordinance (XVIII of 1999)--- ----S. 9(b)---Bail, grant of---Jurisdiction of Supreme Court---Courts other than Supreme Court were covered under the provisions of S.9(b) of National Accountability Bureau Ordinance, 1999 and as such the Courts including the High Court had no jurisdiction to grant bail---Omission of words "Supreme Court" from S. 9(b) of National Accountability Bureau Ordinance, 1999, being significant jurisdiction of Supreme Court to grant bail was not barred under S. 9(b) of National Accountability Bureau Ordinance, 1999. (c) National Accountability Bureau Ordinance (XVIII of 1999)--- ----S. 5(R)---Bail, grant of---Wilful default---Accused (borrowers) were behind the bar for the last more than six months---Loans were rescheduled by the Bank and the accused-persons were adhering to the schedule of payment settled between the Banks and the accused persons, was yet to be determined as to whether the cases of the accused persons fell within the mischief of the term "wilful default" and there was no allegation that the accused persons had not adhered to the schedule of payment settled between them---Bail was granted in circumstances. JUDGMENT MUNIR A. SHEIKH, J.---By this common order, we propose to decide Civil Petitions Nos. 1630-L and 1662-L of 2000 as questions of law and facts are identical in both of them. 2. Faisal Saleh Hayat, husband of petitioner in C.P. 1630-L of 2000 and Malik Ghulam Muhammad Murtaza Khar, petitioner C.P. 1662-L of 2000 are alleged to have wilfully committed default in the…

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