Law: National Accountability Ordinance, 1999

Section: 9

(a) Civil service--- ----Void/illegal orders of superiors---Non-valid defence---Compliance by a civil servant with void or illegal orders/directions, issued by his superiors, could not be received as a valid defence nor such a plea could absolve him from the fall out of consequences of an illegal act---Primary responsibility of a civil servant was to the Republic and not to his superiors or political masters of the time; he was viably entrenched by statutory protections and, thus, was required by law to maintain his independence as well as subservience to the law. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Corruption and corrupt practices---Bail, grant of---Rule of consistency---Allegation against the accused was that in his capacity as the Chairman, Karachi Port Trust, he instrumented regular appointment of hundreds of stipend employees in derogation of the rules, costing public exchequer a vast sum of money---Plea of accused that he was simply following the command of the then Federal Minister for Ports and Shipping, issued in pursuance to an announcement/ directive of the then Prime Minister calling for regularization of all temporary employees in Karachi Port Trust---Held, that role of accused in the impugned transaction, was an issue to be essentially settled by the Accountability Court on the strength of evidence alone---High Court had already allowed pre-arrest bail to two co-accused persons, who were Human Resource Managers at Karachi Port Trust, on the grounds that they, being at a lower rung, haplessly followed Ministerial directions passed on through proper channel and as such determination of their culpability was consequent upon recording of evidence---Although such grounds for granting extra-ordinary protection of pre-arrest bail did not commend approval, however the only expedient option in the present case was the status quo of equality (i.e. to follow the rule of consistency)---Accused was granted bail in circumstances. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Behind bars since 30-7-2018, Muhammad Jawed Hanif Khan, petitioner herein, seeks admission to bail; he is amongst the array of accused in NAB…

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