| Citation(s) |
|---|
| 2007 SLG 3324 2007 SLD 3324 2007 PLJ 435 |
Supreme Court of Pakistan
Civil Petition Nos. 2361 & 2450 of 2005, decided on 21.8.2006.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., ABDUL HAMEED DOGAR & MUHAMMAD NAWAZ ABBASI, JJ.
Raja Muhammad Ibrahim Satti, ASC with Mr. Arshad Ali Chaudhry, AOR for Petitioner (in C.P. 2361/2005). Mr. Aitzaz Ahsan, Sr. ASC with Mr. Mehr Khan Malik, AOR for
Respondent No. 1 (in C.P. 2361/2005). Mr. Aitzaz Ahsan, Sr. ASC with Mr. Mehr Khan Malik,
Civil Petition Nos. 2361 & 2450 of 2005, decided on 21.8.2006.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., ABDUL HAMEED DOGAR & MUHAMMAD NAWAZ ABBASI, JJ.
Raja Muhammad Ibrahim Satti, ASC with Mr. Arshad Ali Chaudhry, AOR for Petitioner (in C.P. 2361/2005). Mr. Aitzaz Ahsan, Sr. ASC with Mr. Mehr Khan Malik, AOR for
Respondent No. 1 (in C.P. 2361/2005). Mr. Aitzaz Ahsan, Sr. ASC with Mr. Mehr Khan Malik,
NATIONAL ACCOUNTABILITY BUREAU and others
VS
RAHEEL RASHEED and others--Respondents
Law:
Section:
National Accountability Ordinance, 1999 (XVIII of 1999)-- ----Ss. 17, 24(b) & 31-D--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Inquiry, investigation or proceeding by NAB in case of imprudent loans, defaulted loans or rescheduled loans--Respondent was not defaulter of the Bank rather he is beneficiary of the loan and the main Reference against other accused, who were loanees of the Bank was duly filed under authorisation of the State Bank of Pakistan--Question is whether Reference against respondent who was included in Supplementary Reference alongwith another accused, who were beneficiary of the loan so obtained by the main accused against whom Reference was competently filed by the SBP, can be tried alongwith main accused as provided u/S. 17 of the Ordinance--Held: Petitioner conspired with his co-accused at the time of obtaining loan or alleged wilful default or that he acquired assets from the money received from M/s WRSM or any of its directors--According to this provision, of law the sanction is necessary only against the loanee but petitioner is not a direct loanee, therefore, sanction of the Governor of State Bank is not required in present case and High Court has erred in holding that the Accountability Court cannot proceed against the petitioner unless a reference is made by the Governor State Bank of Pakistan--Leave to appeal declined. [Pp. 439 & 440] A & B Order Abdul Hameed Dogar, J.--By this common order, we intend to dispose of Civil Petition No. 2361 of 2005 filed by National Accountability Bureau (hereinafter referred to as `NAB') and Civil Petition No. 2450 of 2005 filed by Raheel Rashid Petitioner against judgment dated 21.7.2005 whereby Writ Petition No. 11855 of 2005 filed by petitioner Raheel Rashid was partly accepted while holding that NAB or the Accountability Court has no authority or power to proceed against Raheel Rashid petitioner but relief regarding quashment of proceedings was declined. 2. Briefly, stated facts are that NAB initially filed Reference No. 23 of 2004 against four persons, namely, Abdul Waheed, Abdul Rashid, Abdul Saeed and Abdul Majid under Section 18(g) read with Section 24(b) of…
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