Case Details

Citation(s)
2003 SLG 3279 2003 SLD 3279 2003 PLD 74
Peshawar High Court
Writ Petition No. 259 of 2002, decided on 13th November, 2002
TARIQ PERVEZ KHAN AND IJAZ-UL-HASSAN, JJ
Attique Shah for Petitioner. Haidar Ali for Chairman, NAB

SADAQAT ALI

VS

THE STATE through Advocate General and 2 others

Law: National Accountability Ordinance, 1999

Section: 9,10

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Bureau Ordinance (XVIII of 1999)- ----Ss. 9 & 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Bail---Accused had allegedly received compensation of his acquired land at enhanced rate using his position as being member of the Land Valuation Committee---Prosecution was in possession of sufficient evidence to connect the accused with the crime---Accused could not show that discriminatory treatment was meted out to him qua other members of Land Valuation Committee---Accused was a member and one of the signatories of the said Committee---Mere fact that official representing WAPDA or Chairman of the Committee had not been arrested and the accused had been singled out, by itself, constituted no good ground to release the accused on bail---Trial of the accused was near completion and only the statement of the Investigating Officer had to be recorded on the next date of hearing and in case the accused was admitted to bail prosecution case would be adversely affected---Accused was refused bail in circumstances. Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division, Islamabad and others PLD 2001 SC 607 ref. JUDGMENT IJAZ-UL-HASSAN, J.---Sadaqat Ali, petitioner by way of filing instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeks grant of bail. 2. The facts which we have been able to gather from the record of the case are that for Ghazi Barotha Hydro Power Project Land of different villages of Tehsil Ghazi, District Haripur was acquired and for assessing fair compensation of land for every village a Land Valuation Committee (LVC) consisting of two representatives of the effectee landowners, one representative of WAPDA and Chief Executive of Ghazi Barotha Taraqiati Idara (GBTI) presided over by Assistant Commissioner, Ghazi was constituted under the provisions of Ghazi Barotha Hydel Power (GBHP) Resettlement Action Plan (RAP), was constituted. The committee was an advisory body to assist the Land Acquisition Collector (LAC). Vide Award No.7 dated 21-5-1996, 569 Kanals, 9 Marlas land of Village Bhai, Tehsil Ghazi District Haripur,…
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