| Citation(s) |
|---|
| 2017 SLG 2712 2017 SLD 2712 2017 PCRLJ 1292 |
Peshawar High Court
Writ Petition No. 2792-P of 2014, decision Dated: 29-03-2017. hearing Dated: 16-03-2017.
WAQAR AHMED SETH, JUSTICE MUHAMMAD YOUNIS THAHEEM, JUSTICE
Petitioner(s) by: Qazi Jawad Ehsanullah Qureshi Umar Farooq, ADPG for NAB.
Writ Petition No. 2792-P of 2014, decision Dated: 29-03-2017. hearing Dated: 16-03-2017.
WAQAR AHMED SETH, JUSTICE MUHAMMAD YOUNIS THAHEEM, JUSTICE
Petitioner(s) by: Qazi Jawad Ehsanullah Qureshi Umar Farooq, ADPG for NAB.
ZAKIULLAH
VS
NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND 5 OTHERS
Law: National Accountability Ordinance, 1999
Section: 12,23
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 & 23--- Investigation--- Blocking of Bank account of accused---Grievance of petitioner was that authorities got his bank account blocked under the provisions of S. 23 of National Accountability Ordinance, 1999---Validity---Letter in question was an order whereby proceeds of Bank account owned by petitioner had been blocked under the garb of S. 23 of National Accountability Ordinance, 1999---Freezing of Bank account was provided under S. 12 of National Accountability Ordinance, 1999 and Chairman National Accountability Bureau alone or Court trying an accused were conferred with such jurisdiction and competency by law to issue such order---Nothing was available on record regarding delegation of power on the relevant day for issuing letter in question---Letter blocking the Bank account was illegal--- Constitutional petition was allowed in circumstances. The State through Prosecutor-General Accountability, NAB, Islamabad v. Babar Ali Kharal PLD 2008 Lah. 347 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:---.--- Through this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has asked for the following relief that;- "On acceptance of this writ petition, the august Court may be pleased to a. set aside and quash the order No. 7-9 (19)/ FCIW-II/ NAB/ (KP)/1354 dated 10.06.2014 passed by respondents Nos. 4 and 5, by declaring the same illegal, without jurisdiction, mala fide and without lawful authority; and b. Direct the respondents to defreeze the Bank accounts of the petitioner and refrain them from creating hindrances in day-to-day/transactions therein; and c. Pass any other order deemed appropriate". 2. The laconic relevant facts of the case are that petitioner was serving as Secretary Housing, Government of Khyber Pakhtunkhwa since 22.02.2012. On 02.05.2013 he was transferred and posted as Member (General) Provincial Inspection Team (BPS-20) and lastly posted as Officer on Special Duty (O.S.D) in the Provincial Government Establishment Department. That Chairman NAB vide letter No. NAB's U.O.P. File No.…
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