| Citation(s) |
|---|
| 2017 SLG 1885 2017 SLD 1885 2017 PLD 415 |
Sindh High Court
C.P.D. Nos. 7144, D-7930 and 5180 of 2015, decision Date :10-03-2016, hearing Date : 29-02-2016
MOHAMMED KARIM KHAN AGHA, JUSTICE
Noor Muhammad Dayo ADPG NAB for
Respondents.Saeed A. Memon, Standing Counsel for
Respondents.
C.P.D. Nos. 7144, D-7930 and 5180 of 2015, decision Date :10-03-2016, hearing Date : 29-02-2016
MOHAMMED KARIM KHAN AGHA, JUSTICE
Noor Muhammad Dayo ADPG NAB for
Respondents.Saeed A. Memon, Standing Counsel for
Respondents.
SOHAIL ADEEB BACHANI & OTHERSVSTHE STATE THOUGH NAB & OTHERS
Law: National Accountability Ordinance, 1999
Section: 9,25,25(a)
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 & 25---Corrupt practices with regard to land scam---Payment of compensation without issuance of award---Bail, refusal of---Contention of accused was that he only implemented the awards which had already been made by his predecessor---Validity---Specific role had been attributed to the accused---Accused could have simply marked the omission on the file and sent the same back down the chain whereupon the omission could have been rectified---Accused had blindly made payment and was a part of the chain of criminality---Public functionary when dealing with a file had an obligation to briefly scan the same and point out any obvious irregularities/illegalities which had already taken place and return the file for necessary action otherwise he might expose himself to criminal liability---Accused had nexus with the offence---Bail was refused to the accused in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 & 25---Corrupt practices with regard to land scam---Payment of compensation without issuance of award---Ad interim pre-arrest bail, recalling of---Scope---Accused had signed general power of attorney as the Sub-Registrar when he was no more the Sub-Registrar---Accused was aware that he had neither power or authority to sign the power of attorney which enabled the beneficiaries to receive payment---Act of accused was an intricate part in the fulfilment of the scam---Accused had nexus with the offence---Ad interim pre arrest bail was recalled, in circumstances. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 25(a)---Corrupt practices with regard to land scam---Payment of compensation without issuance of award---Bail, grant of---Voluntary return, option of---Scope---Option of voluntary return would lapse once the inquiry was converted into an investigation and only the option of plea bargain would remain intact---Under plea bargain an accused would be deemed convicted for the offence charged whilst he would not be convicted under a voluntary return---Inquiry, in the present case, had been converted into an investigation against the accused and a…