Law:

Section:

National Accountability Ordinance (XVIII of 1999).-----Ss. 9(b) & 17.---Constitution of Pakistan (1973), Arts. 185(3) & 199---Criminal Procedure Code (V of 1898), S. 497---Bail, grant of---Constitutional jurisdiction of High Court---Accused was arrested by National Accountability Bureau and was in judicial lock-up---High Court in exercise of Constitutional jurisdiction released the accused on bail--¬Plea raised by the Authorities was that High Court had wrongly released the accused in exercise of Constitutional jurisdiction---Validity---Accused facing charges under National Accountability Ordinance, 1999, could approach High Court under Art. 199 of the - Constitution---Application under S.497, Cr.P.C. before High Court was not maintainable--¬Supreme Court declined to interfere with the order passed by High Court in exercise of Constitutional jurisdiction---Leave to appeal was refused. Khan Asfandyar Wali and others v. Federation of Pakistan PLD 2001 SC 607 and Anwar Saifullah Khan v. The State and 3 others 2001 SCMR 1040 ref. JUDGMENT SYED DEEDAR HUSSAN SHAH, J.---Petitioners seek leave to appeal against the order of the High Court of Sindh, Karachi, dated 18-7-2.001, passed in Constitution Petition No.D-1283 of 2001. 2. This matter relates to an alleged loss of more than 954 million rupees to the Exchequer through an illegal allotment of land reclaimed from Malir River. Land measuring 341.68 acres was allotted to one Mst. Gulnar Begum, wife of Agha Tarique Khan, the then Provincial Minister. After execution of the lease deed in favour of Mst. Gulnar Begum, the land was purchased by, respondent Asif Baig Muhammad, through a deed of conveyance and assignment of lease, in the name of Messrs Marina City Development, in his capacity as partner. As the department had cancelled the allotment and lease in favour of Mst. Gulnar Begum, therefore, respondent No. 1 filed a civil suit to protect his interest and title to the property. In this connection respondent No.1 was arrested by NAB, and the Administration Judge Accountability Court, Karachi remanded him to NAB custody from time to time, and finally on 26-6-2001 he was remanded to the judicial custody, as the…

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