| Citation(s) |
|---|
| 2020 SLG 1051 2020 SLD 1051 2020 MLD 614 |
Sindh High Court
Constitution Petition No. D-1939 of 2019, decided on 25thJune, 2019, Dates of hearing: 11th and 20th June, 2019.
MOHAMMAD KARIM KHAN AGHA, JUSTICE OMAR SIAL, JUSTICE
Khalid Jawed Khan for Petitioner.Zahid Hussain Baladi, Special Prosecutor NAB for
Respondent.
Constitution Petition No. D-1939 of 2019, decided on 25thJune, 2019, Dates of hearing: 11th and 20th June, 2019.
MOHAMMAD KARIM KHAN AGHA, JUSTICE OMAR SIAL, JUSTICE
Khalid Jawed Khan for Petitioner.Zahid Hussain Baladi, Special Prosecutor NAB for
Respondent.
SHARJEEL INAM MEMONVSNATIONAL ACCOUNTABILITY BUREAU THROUGH DIRECTOR GENERAL
Law: National Accountability Ordinance, 1999
Section: 9(a)(vi),9(b)
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) & 9(b)---Bail, grant of---Fresh ground---Second bail application---New plea---Case of further inquiry---Delay in conclusion of trial was ex-Provincial Minister who was arrested by National Accountability Bureau for misuse of his authority and causing loss to national exchequer---Plea raised by accused was that letter issued by Federal Government had established that payments made during regime of accused were not exorbitant---Validity---During reference period, rates which were paid by Provincial Government as authorized by petitioner to advertising agencies who then engaged concerned television channels, were much lower in each case than those which were being paid by Federal Government Ministry of Information, Broadcasting, National History and Literary Heritage---Such fact raised issue whether rates charged by Provincial Government in reference were in fact exorbitant during reference period as per market rates, especially when Federal Government was paying much more---Letter of Federal Government revealed that there was no regularization or standardization of rates to be paid to advertising agencies during time when reference was filed or thereafter---Such new ground had made case of petitioner one of further inquiry in terms of rates paid by Provincial Government to advertising agencies in terms of their exorbitancy---Conclusion of trial was delayed and its completion was not in sight in foreseeable future---Trial had not reached position where such delay or period spent in custody of petitioner could be regarded as shocking, unconsciousable or inordinate---Such delay also tilted balance in favour of petitioner---Bail was allowed in circumstances. Tallat Ishaq v. NAB PLD 2019 SC 112 and Syed Manzoor Abbass v. NAB 2019 MLD 581 rel. Zaigham Ashraf v. The State 2016 SCMR 18 ref. Per Omar Sial, J: (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) & 9(b)---Bail, grant of---Illegal pecuniary advantage---Proof was ex-Provincial Minister who was arrested by National Accountability Bureau for misuse of his authority and causing loss to national…
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