| Citation(s) |
|---|
| 2018 SLG 500 2018 SLD 500 2018 PLD 40 |
Civil Petitions Nos. 1885 and 2289 of 2017, decision Date : 23-10-2017, hearing Date : 04-08-2017. (Against the judgment Dated 30.3.2017 passed by the Peshawar High Court, Peshawar in W.Ps. Nos. 832-P and 843-P of 2017)
EJAZ AFZAL KHAN, JUSTICE, MUSHIR ALAM, JUSTICE
Syed Mudassar Ameer, Advocate Supreme Court for Petitioners (in C.P. 1885 of 2017). Inamul-Haq, Spl. Prosecutor, NAB, Arshad Qayyum, Spl. Prosecutor, NAB and Junaid Iqbal, IO for Petitioners (in C.P. 2259 of 2017). Inamul-Haq, Spl. Prosecutor, NAB, Arshad Qayyum, Spl. Prosecutor, NAB and Junaid Iqbal, IO for
Respondents (in C.P. 1885 of 2017). Shumail Butt, Advocate Supreme Court for
Respondents (in C.P. 2259 of 2017).
OLAS KHAN AND OTHERS
VS
CHAIRMAN NAB THROUGH CHAIRMAN AND OTHERS
Law:
Section: 9(b),17(c)
(a) National Accountability Ordinance (XVIII of 1999)--- ----Preamble---Purpose and scope of National Accountability Ordinance, 1999---Ordinance was a special statute, being a fusion of criminal liability and civil obligations---Said Ordinance was enacted with an aim to take effective measures for detection, investigation, prosecution and speedy trial of cases involving corruption, corrupt practices, misuse or abuse of power, and misappropriation of property and recovery of the same from the beneficiary or those found to have misappropriated such property and restoration of the same to the rightful owner thereof. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(b) & 17(c)---Constitution of Pakistan, Arts. 184(3) & 199---Power of Supreme Court and High Court to grant bail in a Reference from National Accountability Bureau---Scope---Accountability Court had no jurisdiction to grant either pre-arrest and/or post arrest bail to an accused, as provisions of Cr.P.C. regulating grant or otherwise of pre-arrest and/or post-arrest bail were inapplicable in view of non obstante provisions of S.9(b) of National Accountability Ordinance, 1999---High Court and the Supreme Court on the other hand extracted jurisdiction under Arts. 199 & 184 of the Constitution respectively to consider and grant bail in NAB References and not under S. 9(b) and/or 17(c) of the Ordinance---Constitutional jurisdiction of the Supreme Court and High Court could neither be taken away nor made subservient through subordinate legislation. Anwer Saifullah v. The State and 4 others PLD 2000 Lah. 564; Ch. Zulfiqar Ali v. The State PLD 2002 SC 546; Abdul Aziz Khan Niazi v. The State through Chairman, NAB, Islamabad PLD 2003 SC 668; Haji Ghulam Ali v. The State through A.G., N.-W.F.P., Peshawar 2003 SCMR 597; Chairman, National Accountability Bureau, Islamabad and another v. Asif Baig Muhammad and others 2004 SCMR 91; Ch. Zulfiqar Ali's case PLD 2002 SC 846; Muhammad Saeed Mehdi's case 2002 SCMR 282; Muhammad Jehangir Badar v. The State and others PLD 2003 SC 525; National Accountability Bureau v. Khalid Masood and another 2005 SCMR 1291; Himesh Khan v. National…
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