| Citation(s) |
|---|
| 2022 SLG 1425 2022 SLD 1425 2022 PCRLJ 722 |
Sindh High Court
Constitutional Petitions Nos. D-2356, D-1776, D-1850,D-1851, D-2976, D-2236, D-2235, D-6623, D-8474 of 2019,D-1637, D-1638, D-1639, D-1640, D-1641, D-584, D-585, D-586of 2020 and D-1559 of 2021, decision dated: 13th October,2021.
NADEEM AKHTAR AND MUHAMMAD IQBAL KALHORO, JJ
Amer Raza Naqvi for Petitioner (in C.P. No.D-2356 of 2019). Shahab Sarki for Petitioners (in C.Ps. Nos. D-2356 of 2019, D-1637, D-1638, D-1639, D-1640 and D-1641 of 2020). Dur Muhammad Shah for Petitioner (in C.P. No.D-1776/2019). Rehman Ghous along with
Constitutional Petitions Nos. D-2356, D-1776, D-1850,D-1851, D-2976, D-2236, D-2235, D-6623, D-8474 of 2019,D-1637, D-1638, D-1639, D-1640, D-1641, D-584, D-585, D-586of 2020 and D-1559 of 2021, decision dated: 13th October,2021.
NADEEM AKHTAR AND MUHAMMAD IQBAL KALHORO, JJ
Amer Raza Naqvi for Petitioner (in C.P. No.D-2356 of 2019). Shahab Sarki for Petitioners (in C.Ps. Nos. D-2356 of 2019, D-1637, D-1638, D-1639, D-1640 and D-1641 of 2020). Dur Muhammad Shah for Petitioner (in C.P. No.D-1776/2019). Rehman Ghous along with
Agha SIRAJ KHAN DURRANI and othersVSNATIONAL ACCOUNTABILITY BUREAU through Chairman
Law: National Accountability Ordinance, 1999
Section: 9(a)(v),9(b)
Law: Constitution of Pakistan, 1973
Section: 199
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(v) , 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Pre-arrest bail, refusal of---Prize bond, proof of winning was alleged to have assets beyond her known sources of income stated that she had a lucky draw twice on prize bonds that fetched her enough amount to get all those properties---Validity---Such exposition was a postscript as neither at the stage of investigation nor at the time of filing of petition before High Court, such plea and documents were presented for consideration---All details about alleged prize bonds i.e. entries made in relevant register of purchasing or en-cashing them, source of finance, announcement date of result etc. were completely lacking was a government employee and it was incumbent upon her to declare in her tax returns not only her properties but also the source used to buy them---No such document was placed on record or referred to by her counsel in hearing to establish such claim---High Court declined to form any positive opinion about petitioner so as to extend extraordinary relief of pre-arrest bail---Pre-arrest bail was declined, in circumstances. PLD 2018 SC 40; PLD 2005 SC 364; PLD 2019 SC 250; 2019 MLD 433; 2021 SCMR 449; 2021 SCMR 1166; 2011 YLR 144; 2010 SCMR 1697; PLD 2021 SC 916; PLD 2021 SC 927; PLD 2021 SC 738 and Mushtaq Hussain and another v. The State 2011 SCMR 45 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(v) , 9(b)---Constitution of Pakistan, Art. 199---Pre-arrest bail, refusal of---Accused not joining investigation---Prima facie case---Deeper appreciation of evidence was alleged to have assets beyond known sources of income did not join investigation to put his case before investigating officer and claimed to be landlord and principal accused was his tenant---Effect---Such claim was neither borne out from petition nor sustained by any other material---Plea of petitioner required deeper appreciation of evidence to find out candor of what he contended---High Court declined to do deeper appreciation of evidence in Constitutional jurisdiction, in absence of any evidence led in trial on such…
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