| Citation(s) |
|---|
| 2025 SLG 4646 2025 SLD 4646 = 2013 LHC 1704 |
Writ Petition No.1165/2013
PRESENT; (Aalia Neelum) JUDGE (KH. IMTIAZ AHMAD) JUDGE
24.6.2013 M/s. Azid Nafees, Aftab Ahmad Butt and Muhammad Aslam Khan, Advocates for the petitioner. Mr. Barrister Saeed ud Rehman Khan, ADPG for NAB along with Zahid Hussain Sheikh, DD/I.O. NAB., Rawalpindi.
Sikandar Hayat Maken.
VERSUS
The State etc.
Law: Code of Criminal Procedure (CrPC), 1898
Section: 34(A)
CORE LEGAL POINTS
| No. | Legal Principle | Explanation |
|---|---|---|
| 1 | Accountability under Section 9(a)(vi) NAO, 1999 | A public official who willfully fails to exercise authority, enabling corruption or causing loss to public funds, commits an offence under NAO. |
| 2 | Collective responsibility of Selection Committee | All members are accountable if they fail to object to or prevent an illegal appointment. Silence or inaction amounts to culpable negligence. |
| 3 | No entitlement to bail under Article 199 in NAB matters | Where prima facie evidence of misuse of authority exists, extraordinary constitutional relief cannot be granted. |
| 4 | Supreme Court’s declaration of appointment as illegal binds accountability | Once the apex court finds an appointment void and unlawful, those responsible for the process face potential criminal liability. |
| 5 | Tentative assessment in bail petitions | Findings in bail matters are tentative and do not prejudice trial proceedings. |
| 6 | Medical grounds not sufficient without exceptional circumstances | Ordinary ailments (e.g., hypertension) do not justify bail when serious allegations of corruption exist. |
BACKGROUND AND FACTS
Chairman NAB, in exercise of powers under Section 34-A NAO, 1999, referred a matter to the DG NAB Rawalpindi for initiation of proceedings against certain government functionaries allegedly involved in illegal appointment of Tauqir Sadiq as Chairman, OGRA.
After inquiry, it was found that Sikandar Hayat Maken, the petitioner, willfully failed to exercise his lawful authority and played a role in the illegal appointment of Tauqir Sadiq, which later caused loss of billions of rupees to the national exchequer.
Warrants of arrest were issued, and the petitioner was arrested on 25.04.2013. He was remanded to NAB custody and later to judicial lock-up by the Administrative Judge, Accountability Court, Rawalpindi.