Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---National Accountability Ordinance (XVIII of 1999), S.9(a)(vi) & (b)---Constitution of Pakistan, Art.199---Constitutional petition---Bail, refusal of---Misuse of authority---Illegal appointment---Accused was arrested by NAB on the allegation of recommending name of principal accused for appointment as Chairman OGRA, which appointment was illegal and the Chairman caused billions of rupees loss to national exchequer---Validity---Accused along with other members of committee gave justification of recommendations in respect of principal accused as, "20 years' experience in the field of law, sufficient experience in handling cases of Corporate law in private as well as public sectors, served as Registrar in OGRA from 2002 to 2006, presently working with noble group of companies"---Accused did not object on illegality committed by Selection Committee and such act of accused fell under S.9(a)(vi) of National Accountability Ordinance, 1999---During the period principal accused remained as Chairman, he caused a loss in excess of Rs.82 billion to OGRA and national exchequer directly---Prima facie, accused had played a significant role in the process of selection of principal accused as Chairman OGRA and his culpability for malfeasance, non-feasance would be proved during investigation by investigating officer---Petition was dismissed in circumstances. Muzammil Niazi v. The State PLD 2003 Kar. 526 and The State and others v. M. Idrees Ghauri and others 2008 SCMR 1118 distinguished. Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132 ref. ORDER Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Sikandar Hayat Maken, petitioner has sought post arrest bail. 2. The Chairman, NAB in exercise of powers vested by him under section 34-A of National Accountability Ordinance (NAO), 1999 referred the matter of Government Functionaries to the Director General, NAB, Rawalpindi for initiation of proceedings against them who are prima facie involved in the commission of offence(s) under the provisions of the…

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