| Citation(s) |
|---|
| 2018 SLG 1720 2018 SLD 1720 2018 PCRLJ 1057 |
Lahore High Court
W.P. No. 169373 of 2018, decided on 27-03-2018.
ALI BAQAR NAJAFI, JUSTICE, TARIQ SALEEM SHEIKH, JUSTICE
Azam Nazir Tarar for Petitioner. Syed Faisal Raza Bukhari, Special Prosecutor for NAB with Muhammad Ikram, I.O. NAB Lahore.
W.P. No. 169373 of 2018, decided on 27-03-2018.
ALI BAQAR NAJAFI, JUSTICE, TARIQ SALEEM SHEIKH, JUSTICE
Azam Nazir Tarar for Petitioner. Syed Faisal Raza Bukhari, Special Prosecutor for NAB with Muhammad Ikram, I.O. NAB Lahore.
AHAD KHAN CHEEMA
VS
NATIONAL ACCOUNTABILITY BUREAU AND OTHERS
Law:
Section:
National Accountability Ordinance (XVIII of 1999)--- ----S. 24---Constitution of Pakistan, Art. 199---Constitutional petition---Arrest---Physical remand---Petitioner who was arrested by NAB authorities assailed his arrest during physical remand---Plea raised by petitioner was that his arrest was in retaliation to a letter sent by him to the Chairman NAB---Validity---Warrants of arrest were issued by not less than Chairman NAB himself and he was facing inquiry of alleged corruption and corrupt practices in respect of a project---Allegation against petitioner related to the period when petitioner was Director General, Lahore Development Authority---Accountability Court had already extended remand of petitioner---High Court declined to consider plea of petitioner at such stage---Necessary legal requirements for grant of remand were complied with---Well reasoned order by Accountability Court was passed in satisfaction of judicial conscience as there were reasonable grounds for believing that accusations or information were well founded justifying custody of accused with NAB authorities---Information furnished before Accountability Court was not false which raised suspicion that accused committed offence under the provisions of National Accountability Ordinance, 1999---Prima facie, reasonable grounds existed to believe petitioner's involvement in alleged offence and thus his custody in connection with the case was neither illegal nor improper---High Court holding the Constitutional petition as not maintainable declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Abdul Qadir v. Federation of Pakistan through Secretary, Ministry of Interior, Government of Pakistan, Islamabad and 5 others 2002 SCMR 1478 ref. Hammad Khalid v. Chairman, National Accountability Bureau, Islamabad and others PLD 2003 Lah. 94 rel. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE---.--- Through this constitutional petition, the petitioner has made following prayer:- "Under the circumstances, it is respectfully prayed that this writ petition may kindly be accepted and arrest of the petitioner may please be declared illegal, unlawful and void and…
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