| Citation(s) |
|---|
| 2019 SLG 580 2019 SLD 580 2019 YLR 788 |
Sindh High Court
Constitutional Petitions Nos. 2262, 841, 1356 and 3026 of2016, decided on 29-11-2018. Dates of hearing: 17th, 25th,31st October 9th, 12th and 19-11-2018.
MUHAMMAD IQBAL KALHORO, JUSTICE SHAMSUDDIN ABBASI, JUSTICE
Petitioner(s) by: Shaukat Hayat (in C.P. No.2262 of 2016). Muhammad Ishaque Khan (in C.P. No.841 of 2016). Obaid ur Rehman Khan (in C.P. No.1356 of 2016). Sikandar Zulqarnin (in C.P. No.3026 of 2016).
Respondent(s) by: Muhammad Akram Javed, Special Pros
Constitutional Petitions Nos. 2262, 841, 1356 and 3026 of2016, decided on 29-11-2018. Dates of hearing: 17th, 25th,31st October 9th, 12th and 19-11-2018.
MUHAMMAD IQBAL KALHORO, JUSTICE SHAMSUDDIN ABBASI, JUSTICE
Petitioner(s) by: Shaukat Hayat (in C.P. No.2262 of 2016). Muhammad Ishaque Khan (in C.P. No.841 of 2016). Obaid ur Rehman Khan (in C.P. No.1356 of 2016). Sikandar Zulqarnin (in C.P. No.3026 of 2016).
Respondent(s) by: Muhammad Akram Javed, Special Pros
SYED ATHER HUSSAIN AND OTHERSVSCHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU AND ANOTHER
Law: National Accountability Ordinance, 1999
Section: 9(a),9(b)
Law: Public Procurement Rules, 2004
Section: R.4
Law: Constitution of Pakistan, 1973
Section: 199
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional Petition---Bail, grant of---Case of further inquiry---Initiation of note---Petitioner was arrested on misuse of authority in appropriating amenity plots to principal accused---Validity---It was a case of pick and choose as investigating officer had not arraigned any official as accused who allotted amenity plots to principal accused in year 1994 or those who had restored allotment---More than 84 acres valuable lands at different parts of Karachi were allotted to principal accused by Land Utilization Department, Government of Sindh but none from those who had allotted the valuable lands to principal accused had been arraigned as accused in the reference---Such action by authorities clearly manifested mala fide on part of prosecution---National Accountability Bureau levelled allegations against petitioner that he had put his note on the note sheet for entering into deed of lease with hospital of principal accused and same too was executed after approval of the competent authority for restoration of earlier allotments---High Court declared case of petitioner within purview of further inquiry---Bail was allowed in circumstances. Imtiaz Ahmed v. The State through Special Prosecutor, ANF 2017 SCMR 1194; Himesh Khan v. The National Accountability Bureau (NAB), Lahore and others 2015 SCMR 1092; Zulfiqar Ashraf v. The State and others 2016 SCMR 18; Atta Abbas Zaidi v. Chairman, National Accountability Bureau (NAB) and 2 others PLD 2017 Sindh 120; Anwar Saifullah Khan v. The State and 3 others 2001 SCMR 1040; Nazir Hussain v. Ziaul Haq and others 1983 SCMR 72; C.P. No.D-5369 of 2017; C.P. No. D-6307 of 2016 and C.P. No. D-265 of 2015 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a) & 9(b)---Public Procurement Regulatory Authority Rules, 2004, R.4---Constitution of Pakistan, Art. 199---Constitutional Petition---Pre-arrest bail, grant of---Case of further inquiry---Violation of Public Procurement Regulatory Authority Rules, 2004---Decision by Board of Directors---Petitioner Chief Executive Officer of Karachi Dockyard…
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