Law: National Accountability Ordinance, 1999

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

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---Pre-arrest bail, refusal of---Mala fide---Proof---Prima facie case---Petitioners were police officials who were alleged to have made illegal appointments in police department---Validity---Pre-arrest bail was an extraordinary relief and was only available in cases where there had been mala fide on part of complainant or police---Mere following illegal orders of superiors under pressure was no defense in law---Petitioners would have been aware of relevant recruitment rules and of illegal recruitments made in year 2001 but they failed to act on same and authorized illegal recruitments---Prima facie sufficient material existed on record to connect petitioners through their misuse of authority and/or failure to exercise authority to illegalsanction of 380 police constables during year 2013-14 and illegal recruitment andsanction of 320 police constables in year 2014-15---Pre-arrest bails were declined in circumstances. Zaigham Ashraf v. The State and others 2016 SCMR 18; Muhammad Asif and others v. Government of Sindh through Secretary Finance Department and Information Technology Department, Sindh and 4 others 2017 PLC (C.S.) 42; Sarfaraz Ahmed and another v. The Chairman National Accountability Bureau (NAB) through Chairman and others 2016 PCr.LJ 79; Hafeezullah Abbasi v. The Director General NAB Karachi and another (Civil Petitions Nos.1542 and 1709 of 2017; Jamil A.Durrani v. The State PLD 2003 Kar. 393; Maqbool Ahmed Lehri v. NAB 2016 SCMR 154; Muhammed Akhtar Shirani v. Punjab Text Book Board 2004 SCMR 1077 and Rai Mohammed Khan v. NAB 2017 SCMR 1152 ref. Rana Mohammed Arshad v. Muhammed Rafique PLD 2009 SC 427; Mukhtar Ahmad v. The State and others 2016 SCMR 2064; Muhammed Asghar Khan's case PLD 2013 SC 1 and Syed Mahmood Akhtar Rizvi v. Federation of Pakistan PLD 2013 SC 195 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Pre-arrest bail, grant of---Further inquiry---Petitioner was a junior official in…

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