Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(iv)(vi),18(c)

Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Constitution of Pakistan, 1973

Section: 15,199

Law: Punjab Government Rules of Business, 1974

Section: R.6,108

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 18(c)---Reopening of inquiry---Exercise of jurisdiction---Principle---Petitioner was aggrieved of reopening of inquiry which was previously closed by National Accountability Bureau (NAB)---Validity---Without bringing on record any fresh ground or to dig out any truth, inquiry was reinitiated on same allegations issued by the Authority---Reasons and circumstances were apparently, neither brought before Chairman NAB nor Authority had formed opinion on basis of material---Authority had just ordered reopening of inquiry without holding any official of NAB responsible for closure of the inquiry---Such was not whims and designs unsubstantiated by fresh disclosed facts on basis of which it could reopen closed inquiry---Inquiry was reopened in slipshod manner in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 18(c)---Chairman National Accountability Bureau (NAB)---Exercise of powers---Principle---Powers of Chairman NAB are structured by law and conscience and must be guided by them and not by unperceived perception infatuated by his subjective approach. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iv)(vi) & (b)---Punjab Government Rules of Business, 1974, Rr.6 & 108---Criminal Procedure Code (V of 1898), S. 497(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Misuse of authority---Causing loss to national exchequer---Reopening of investigation---Powers of National Accountability Bureau---Petitioner was Minister who was arrested by NAB in an inquiry which was earlier closed by the authorities---Plea raised by petitioner was that contract was awarded in due process of law, no loss was caused to national exchequer and he received no pecuniary advantage---Validity---Mere violation of some law or procedure at the most without any mens rea, case of prosecution needed further inquiry because petitioner was directed to follow procedure before awarding contract as decision was taken by Chief Executive of the Province upon summary whereafter contract was awarded--- Offence needed further probe as its ingredients were not prima…

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