| Citation(s) |
|---|
| 2020 SLG 88 2020 SLD 88 2020 PLD 9 |
Sindh High Court
Criminal Petition No. D-2233 of 2018, decision Dated:22-03-2019. Dates of hearing: 28th November, 2018; 16th,23rd February, and 9th March, 2019.
MUHAMMAD IQBAL KALHORO, JUSTICE SHAMSUDIN ABBASI, JUSTICE
Petitioner(s) by: Khalid Javed Khan
Respondent(s) by: Shahab Usto No.2.
Criminal Petition No. D-2233 of 2018, decision Dated:22-03-2019. Dates of hearing: 28th November, 2018; 16th,23rd February, and 9th March, 2019.
MUHAMMAD IQBAL KALHORO, JUSTICE SHAMSUDIN ABBASI, JUSTICE
Petitioner(s) by: Khalid Javed Khan
Respondent(s) by: Shahab Usto No.2.
ALI J. SIDDIQUI THROUGH ATTORNEYVSFEDERATION OF PAKISTAN THROUGH SECRETARY AND OTHERS
Law: National Accountability Ordinance, 1999
Section: 6,16,17,18,18(c),31D,32
Law: Securities and Exchange Commission of Pakistan Act, (XLII of 1997)
Section: 41B
Law: Companies Ordinance, 1984
Section: 476,492
Law: Constitution of Pakistan, 1973
Section: 199
(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 18(c)---Jurisdiction of Chairman, National Accountability Bureau---Scope---Office of Chairman National Accountability Bureau is central and has absolute power for taking decision to start an inquiry or investigation against a person and with reference to relevant facts, where or by whom it has to be conducted. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss.6, 16 & 18(c)---Constitution of Pakistan, Art.199---Constitutional petition---Quashing of inquiry---Territorial jurisdiction---Relief, conversion of---Petitioner sought quashing of inquiry against him initiated by Regional Bureau of NAB situated at place 'L'---Petitioner assailed inquiry before High Court situated at place 'K' on plea that all notices and process was received by him at place 'K'---Validity---National Accountability Bureau (NAB) was a federal entity having presence in entire country---Regional Bureaus of NAB were working in respective provinces were independent to each other---If an enquiry or investigation entrusted to a bureau of a particular province and same was matured into a reference, then it was to be filed in Accountability Court situated in that particular province---Accountability Court situated in a particular province remained under administrative control of High Court of that province---Law in clear terms had defined lines for inquiring or investigating any matter involving offence under National Accountability Ordinance, 1999---Authority of Chairman NAB to refer such matter for inquiry or investigation and in event of reference, relevant Accountability Court where matter would be referred for trial---Right, if any, of a person to challenge inquiry or investigation before High Court that was being held by Regional Bureau of a different province would be governed by such defined outlines regarding territorial jurisdiction---High Court had no territorial jurisdiction therefore, declined to quash proceedings of inquiry being held by NAB at place 'L' against petitioner and others---High Court converted petition into petition for protective bail and granted same to the petitioner---Constitutional petition…
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