Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(iv)(vi)

Law: Criminal Procedure Code (V of 1898)

Section: 161,265(K),498

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Misuse of authority---China cutting---Petitioners were accused facing charges under National Accountability Ordinance, 1999 for converting amenity plots into residential and commercial plots---Validity--- Karachi Development Authority and officials and beneficiaries made vast amounts of money, loss was caused to public exchequer and people of area were deprived of parks and other recreational facilities where their children could play, or hospital or a school etc., which would have benefitted local community---All accused in reference connived together to give effect to their plan of illegal enrichment by misusing their authority or failing to exercise their authority and benefitting themselves and others---Such was a case of joint criminal enterprise where each of accused played his role in achieving common criminal objective which could not have been achieved without active involvement and connivance of each of other accused who each played his role in criminal act and question was only whether his role in criminal act was to a lesser or greater extent---Officials of Development Authority did not verify any documents and did not meet any of original allottees about whom it had come on record that those were fictitious persons---Officials belatedly tried to deny their signatures but signatures matched those on their Vakalatnamas and no such issue was raised before Trial Court and such could be an afterthought in order to escape liability---Sufficient material on record was available in shape of statements under S.161, Cr.P.C. of Prosecution witnesses and plot transfer orders duly signed by them prima facie connected petitioners to the offence for which they were charged---Bail was refused in circumstances. Rai Mohammed Khan v. NAB 2017 SCMR 1152 rel. Ms. Sabiha Parveen v. Syed Nasir Abbass DG KDA (Crl.O.P.No.7 K/2017 in Crl.O.P.11 K/16); Mumtaz Ul Haq v. NAB (Civil Petition No. 609K of 2017); Tariq Bashir v. State PLD 1995 SC 34 and Abdul Aziz Khan v. The State PLD 2003 SC 668 ref. (b) Criminal…

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