| Citation(s) |
|---|
| 2022 SLG 1213 2022 SLD 1213 2022 SCMR 1612 |
Supreme Court of Pakistan
Civil Petitions Nos. 258, 260, 268 and 457 of 2017, decision dated: 29-03-2017. (On appeal against the order dated 31.01.2017 passed by the High Court of Sindh of Karachi in C.Ps. Nos. D-4960, D-4549, D-6889 and D-6887 of 2016)
EJAZ AFZAL KHAN AND MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Sardar M. Latif Khan Khosa, Senior Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record, Faqir Dad Khan Khoso, Shakil Ahmed Khan, Haji Abdul Razziq and Hafeez-ur-Rehman for Petitioners (in C.P. No. 258 of 2017). Raja M. Ibrahim Satti, Senior Advocat
Civil Petitions Nos. 258, 260, 268 and 457 of 2017, decision dated: 29-03-2017. (On appeal against the order dated 31.01.2017 passed by the High Court of Sindh of Karachi in C.Ps. Nos. D-4960, D-4549, D-6889 and D-6887 of 2016)
EJAZ AFZAL KHAN AND MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Sardar M. Latif Khan Khosa, Senior Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record, Faqir Dad Khan Khoso, Shakil Ahmed Khan, Haji Abdul Razziq and Hafeez-ur-Rehman for Petitioners (in C.P. No. 258 of 2017). Raja M. Ibrahim Satti, Senior Advocat
FAQIR DAD KHAN KHOSO and others
VS
NATIONAL ACCOUNTABILITY BUREAU through Chairman and others
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: National Accountability Ordinance, 1999
Section: 9,24(a)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)--- ----Ss. 497 , 498---National Accountability Ordinance (XVIII of 1999), Ss. 9 , 24(a)---Constitution of Pakistan, Art. 185(3)---Corruption and corrupt practices---Bail, grant/confirmation of---Many co-accused persons whose role was prima facie worse than the present accused persons, had not even been arrested, thus the accused persons could not be treated differently---Question as to why such pick and choose and what underlay this duality was not intelligible---Special Prosecutor NAB could also not provide a satisfactory answer as to the intelligible differentia justifying the classification between the arrested and those left at large---Although the role of the accused persons prima facie appeared to be culpable and they must face its consequences but not at present stage when many others similarly placed persons were at large---Supreme Court observed that while exercising its discretionary jurisdiction it would not like to pass an order perpetuating a classification which prima face did not appear to be based on an intelligible differentia notwithstanding the provision contained in section 24(a) of the National Accountability Ordinance, 1999---Petitions for leave to appeal were converted into appeals and allowed, and ad-interim bail of some of the accused persons were confirmed, while other accused persons were granted post-arrest bail. Sardar M. Latif Khan Khosa, Senior Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record, Faqir Dad Khan Khoso, Shakil Ahmed Khan, Haji Abdul Razziq and Hafeez-ur-Rehman for Petitioners (in C.P. No. 258 of 2017). Raja M. Ibrahim Satti, Senior Advocate Supreme Court, Syed Rifaqat Hussain Shah, Advocate-on-Record and Sohail Akbar Shah for Petitioners (in C.P. No. 260 of 2017). Farooq H. Naek, Senior Advocate Supreme Court, Syed Rafaqat Hussain Shah, Advocate-on-Record, Abdul Rasheed Solangi for Petitioners (in C.P. No. 268 of 2017). M. Ahsan Bhoon, Advocate Supreme Court and Ms. Tasneem Ameen, Advocate-on-Record (Absent) for Petitioners (in C.P. No. 475 of 2017). Nasir Mehmood Mughal, Special Prosecutor NAB for NAB. hearing date: 29-03-2017. ORDER EJAZ AFZAL KHAN, J.---These…
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