Law: National Accountability Ordinance, 1999

Section: 5(g)(o)(s),9(i)(ii)(iii)(iv)(xii)

Law: Constitution of Pakistan, 1973

Section: 9,10.199

Law: Criminal Procedure Code (V of 1898)

Section: 173

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(g)(o)(s) 9(a)(ii)(iii)(iv)(xii) [as amended by National Accountability (Amendment) Act (XVI of 2022)---Criminal Procedure Code (V of 1898), S. 173---Constitution of Pakistan, Arts. 9, 10 199---Constitutional petition---Bail, grant of---Forum of trial, absence of---Change in law---Delay in conclusion of trial---Jurisdiction of Accountability Court---Petitioner was accused facing trial under National Accountability Ordinance, 1999 and had been in custody since 21.1.2021---Petitioner sought his release on bail on the plea of change in law and absence of forum of trial---Validity---Petitioner was arrested on 21.1.2021 and during such period of more than two years, out of 68 prosecution witnesses only 9 witnesses could be recorded---Petitioner did not play any significant role in causing delay in conclusion of trial in offence under S. 9(a)(ii)(iii)(iv)(iv) (xii) read with S. 10 of National Accountability Ordinance, 1999 containing maximum punishment of imprisonment for 14 years and fine---Amendment in S. 5(o) of National Accountability Ordinance, 1999 brought substantial change in allegation of misappropriation and if misusing public money did not exceed Rs. 500 million or number of persons was less than 100, NAB would not have any jurisdiction and therefore Accountability Court created under S. 5(g) of National Accountability Ordinance, 1999 shall take its hands off to further proceed in the reference and return it at once to NAB---Report under S. 173, Cr.P.C. was not sent to any Court of competent jurisdiction to take the cognizance---High Court had jurisdiction under Art. 199 of the Constitution to enforce individual fundamental right under Arts. 9 10 of the Constitution to safeguard security of person and safeguard as to arrest and detention---Petitioner was not aware as to under what law he was under detention---Custody of petitioner was being regulated by Accountability Court on regular basis but that too, due to uncertainty/ ambiguity created by the amending law---Detention of petitioner was an unconscionable delay in conclusion of trial---Bail was allowed, in circumstances. Muhammad Alam…

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