| Citation(s) |
|---|
| 2007 SLG 2973 2007 SLD 2973 2007 PLD 597 |
Sindh High Court
Constitutional Petitions Nos. D-1008 and 1092 of 2007, decided on 21st September, 2007, DATE of hearing: 9th August, 2007
MUHAMMAD AFZAL SOOMRO AND RAHMAT HUSSAIN, JAFFERI, JJ
Raja Qureshi for Petitioners (in C.P.No. D-1008 of 2007). Ali Ahmed Junejo for Petitioners (in CP.No. D-1092 of 2007). Shafat Nabi Sherwani, DPGA, NAB for
Respondents.
Constitutional Petitions Nos. D-1008 and 1092 of 2007, decided on 21st September, 2007, DATE of hearing: 9th August, 2007
MUHAMMAD AFZAL SOOMRO AND RAHMAT HUSSAIN, JAFFERI, JJ
Raja Qureshi for Petitioners (in C.P.No. D-1008 of 2007). Ali Ahmed Junejo for Petitioners (in CP.No. D-1092 of 2007). Shafat Nabi Sherwani, DPGA, NAB for
Respondents.
Raja MUHAMMAD ZARAT KHAN and another
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Cabinet Division and 2others Constitutional s Nos.D1008 and 1092 of 2007, decided on 21st September, 2007
Law:
Section:
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 18(b)(e) & 24(a)---Criminal Procedure Code (V of 1898), S.54---Arrest of accused---Stages---There are three stages where a person can be arrested: first stage being that if after receipt of any information as provided under S.18(b) of National Accountability Ordinance, 1999, Chairman National Accountability Bureau forms opinion that reasonable complaint has been made or credible information has been received or reasonable suspicion exists that accused is involved in the case, then he can arrest accused person; second stage of arrest is provided under S.18(e) of National Accountability Ordinance, 1999, where Chairman, NAB can make arrest if conditions mentioned in S.54, Cr.P.C. are fulfilled or if Investigating Officer requests for permission to arrest accused then he can grant such permission; and third stage is visualized under S.24(a) of National Accountability Ordinance, 1999, under which if accused is neither arrested by Chairman, NAB initially nor as provided under S.18(e) of the Ordinance, then Chairman, NAB can direct that such accused person can be arrested. Ghulam Hussain Baloch v. Chairman, NAB PLD 2007 Kar. 469 and Zahoor Ahmed Sheikh v. Chairman, NAB PLD 2007 Kar. 243 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 18(e) & 24(a)---Arrest of accused---Chairman, NAB, duty of---Before making arrest or issuing warrant to arrest or awarding permission to any Investigating Officer to arrest accused, Chairman, NAB is required to satisfy himself as to whether there is tangible evidence fulfilling any of the conditions mentioned in S.54, Cr.P.C.---If Chairman, NAB forms opinion on the material placed before him then he can make arrest or permit Investigating Officer to make arrest, otherwise he cannot do so. Ghulam Hussain Baloch v. Chairman, NAB PLD 2007 Kar. 469 and Zahoor Ahmed Sheikh v. Chairman, NAB PLD 2007 Kar. 243 rel. (c) General Clauses Act (X of 1897)--- ----S.24-A---Public functionaries---Speaking order---Scope---Mandatory and compulsory upon officer to give reasons as mandated by S.24-A of General Clauses Act, 1897, under which every authority andβ¦
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