Law: National Accountability Ordinance, 1999

Section: 9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Letters Patent of High Court, clause 26---High Court (Lahore) Rules and Orders, Vol. V, Chap. 4-H, R. 5---Constitution of Pakistan, Art.199---Constitutional petition---Bail subject to deposit of liability amount---Scope---Matter pertained to decision of bail when one Judge of Division Bench granted bail subject to deposit of total liability amount while the other Judge dismissed the same---Validity---Referee Judge did not have jurisdiction to hear or decide whole case as the whole case was not before him---Jurisdiction of Referee Judge was limited to the extent of resolving difference between members of Division Bench of High Court who continued to retain jurisdiction over the matter---Duty of Referee Judge to remit his opinion to Division Bench of High Court for disposal of the case by announcing final order based on the majority opinion---Referee Judge agreed with the opinion declining bail to accused subject to deposit of liability amount---Constitutional petition was liable to be dismissed, in circumstances. Muhammad Sayyar v. Vice-Chancellor, University of Peshawar and others PLD 1974 SC 257; Maher Alavi v. Pakistan and 5 others PLD 1980 Kar. 609 and Muzamil Niazi and others v. The State PLD 2003 Kar. 526 ref. ORDER NADEEM AKHTAR, J.---This constitutional petition filed by the petitioner Aijaz Hussain Jakhrani seeking pre-arrest bail in Reference No.23/2020 filed against him by the respondents/National Accountability Bureau (NAB) was heard by a learned Division Bench of this Court composed of Mr. Justice Nazar Akbar (as he then was) and my learned brother Mr. Justice Muhammad Faisal Kamal Alam. Vide order dated 22.03.2021, Nazar Akbar, J. confirmed the interim pre-arrest bail granted to the petitioner on 15.12.2020 subject to his depositing the entire amount of the liability alleged against him in the aforesaid Reference ; however, Muhammad Faisal Kamal Alam, J. dismissed the petition and recalled the interim pre-arrest bail granted to the petitioner. In view of the difference in the opinion of the learned Judges, the matter was placed before the Honble Chief Justice of this Court who was…

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