| Citation(s) |
|---|
| 2003 SLG 3476 2003 SLD 3476 2003 PLD 525 |
Supreme Court of Pakistan
Civil Petition No. 2386 of 2002, decided on 27th February, 2003.
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND MIAN MUHAMMAD AJMAL, JJ
Muhammad Akram Sheikh, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Raja Muhammad Ibrahim Satti, Advocate Supreme Court, M.S. Khattak, Advocate-on-Record (absent) for
Respondents.
Civil Petition No. 2386 of 2002, decided on 27th February, 2003.
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND MIAN MUHAMMAD AJMAL, JJ
Muhammad Akram Sheikh, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Raja Muhammad Ibrahim Satti, Advocate Supreme Court, M.S. Khattak, Advocate-on-Record (absent) for
Respondents.
MUHAMMAD JAHANGIR BAQAR
VS
THE STATE and others
Law:
Section:
(a) National Accountability Bureau Ordinance (XVIII of 1999)--- ----S.16(a)---Trial of offences---Duty of prosecution to get the case decided as early as possible---Provision of S.16(a), National Accountability Bureau Ordinance, 1999 having fixed 30 days' time for disposal of the case, all-out efforts to be made to get another officer appointed by making request to Competent Authority, in case the office of the Presiding Officer of the Court was lying vacant, and the case remained pending for an indefinite period. (b) National Accountability Bureau Ordinance (XVIII of 1999)--- ----Ss.9, 10 & 16(a)---Criminal Procedure Code (V of 1898), S.497---Bail, grant of---Court, under S.16(a), National Accountability Bureau Ordinance, 1999 being bound to dispose of the case within 30 days, inordinate delay in the prosecution case, if not explained, could be considered a ground for bailing out an accused person depending on the nature and circumstances on account of which delay had been caused. Riasat Ali v. Ghulam Muhammad and another PLD 1968 SC 353 ref. (c) National Accountability Bureau Ordinance (XVIII of 1999)--- ----Ss.9, 10 & 16(a)---Criminal Procedure Code (V of 1898), S. 497---Bail, grant of---If the trial of the case had commenced, then, instead of releasing the accused on bail, direction be made for expeditious disposal of the case by adopting certain modalities to ensure that the accused was not detained further for indefinite period---Principles. Anwar Saifullah Khan v. The State and 3 others 2001 SCMR 1040; Ch. Zulfiqar Ali v. The State PLD 2002 SC 546; Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473; Aftab Ahmad Khan Sherpao, Ex-Chief Minister, N.-W.F.P. v. The State PLD 2001 Pesh. 80; M. Siddique-ul-Farooque v. The State PLD 2002 Kar. 24; Maj. (Retd.) Tariq Javed Afridi v. The State PLD 2002 Lah. 233; M. Anwar Saifullah Khan v. The State PLD 2002 Lah. 458; The President of Pakistan v. Mrs. Benazir Bhutto 1994 SCMR 1969; Mrs. Shahida Faisal and others v. Federation of Pakistan 2001 SCMR 294; Abdul. Qadir v. Federation of Pakistan through Secretary, Ministry of Interior, Government of Pakistan, Islamabad and 5 others…
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