Case Details

Citation(s)
2025 SLG 4646 2025 SLD 4646 = 2013 LHC 1704
Lahore High Court
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 PrincipleExplanation
1Accountability under Section 9(a)(vi) NAO, 1999A public official who willfully fails to exercise authority, enabling corruption or causing loss to public funds, commits an offence under NAO.
2Collective responsibility of Selection CommitteeAll members are accountable if they fail to object to or prevent an illegal appointment. Silence or inaction amounts to culpable negligence.
3No entitlement to bail under Article 199 in NAB mattersWhere prima facie evidence of misuse of authority exists, extraordinary constitutional relief cannot be granted.
4Supreme Court’s declaration of appointment as illegal binds accountabilityOnce the apex court finds an appointment void and unlawful, those responsible for the process face potential criminal liability.
5Tentative assessment in bail petitionsFindings in bail matters are tentative and do not prejudice trial proceedings.
6Medical grounds not sufficient without exceptional circumstancesOrdinary 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.

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