Law: National Accountability Ordinance, 1999

Section: 9(a),9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a), 9(b) [as amended by National Accountability (Second Amendment) Ordinance (XXIII of 2021)] 24---Constitution of Pakistan, Art. 199---Arrest---Prior permission of High Court contended that NAB could not arrest him without prior permission of High Court---Validity---Provision of Art. 199 of the Constitution could not be invoked if alternate remedy was available to aggrieved party under relevant law---Remedy was available to petitioner in view of recent amendment through National Accountability (Second Amendment) Ordinance, 2021, whereby powers to deal with bail matter had been conferred upon Accountability Courts---High Court declined to interfere in the matter---Constitutional petition was dismissed accordingly. Maryam Nawaz Sharif v. National Accountability Bureau and others W.P. No.19989 of 2021 and Muhammad Hanif v. The State 2019 SCMR 2029 ref. ORDER NAIMATULLAH PHULPOTO, JUSTICE:---.--- Petitioner Sharjeel Inam Memon has filed this Constitution Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 against the National Accountability Bureau, through its Chairman for the following reliefs: ‘a. Restrain the Respondent from arresting the Petitioner, without prior permission of this Court on the basis of any hidden inquiry or investigation. b. Direct the Respondent to bring on record and produce in court the number and nature of the inquiries and investigations initiated against the Petitioner if any, along with complete record so that the Petitioner can legally defend himself. c. Direct the Respondent to provide protection to the life and liberty of the Petitioner as guaranteed under the Constitution of Islamic Republic of Pakistan. d. Cost of Petition and any other better and further relief, which this Honble Court may deem fit under the circumstances.’ 2. This Court vide order dated 20.12.2019 issued notices to the respondents as well as Special Prosecutor NAB for 24.01.2020, till then, it was ordered that petitioner shall not be arrested. However, it was clarified that if for any reason adjournment is sought on the next date, this order shall automatically stand…

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