| Case ID |
04391219-835e-4cc4-997f-0999814c4742 |
| Body |
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| Case Number |
Eh. Crl. A. No. 8-P of 2017 |
| Decision Date |
May 09, 2018 |
| Hearing Date |
|
| Decision |
The Peshawar High Court acquitted the respondents of the charges brought against them under the National Accountability Ordinance, 1999. The court determined that the prosecution failed to establish a specific charge against the respondents, who were accused of possessing assets disproportionate to their known sources of income. The court emphasized that the National Accountability Bureau (NAB) cannot exercise unbridled power to investigate individuals without a clear nexus to corruption. The evidence presented by the prosecution was deemed insufficient, as the respondents had declared their assets in income tax returns and were not involved in any illegal businesses. The decision highlighted the constitutional rights of citizens to engage in lawful professions and acquire property without unjustified interference. |
| Summary |
In this landmark case decided by the Peshawar High Court, the court addressed the legal boundaries of the National Accountability Bureau's authority in investigating individuals for corruption-related offences. The case involved respondents who were accused of possessing large assets that were claimed to be disproportionate to their declared income. The court ruled in favour of the respondents, stating that the NAB cannot arbitrarily investigate any citizen without evidence of wrongdoing. This judgment reinforces the legal principle that individuals are presumed innocent until proven guilty and that the burden of proof lies with the prosecution. Additionally, it reiterates the constitutional rights of citizens to pursue lawful economic activities and own property. The case serves as a critical reference for future accountability proceedings and emphasizes the importance of a fair judicial process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IKRAMULLAH KHAN,
JUSTICE ISHTIAQ IBRAHIM
|
| Lawyers |
Mr. Zain Nawaz Khattak,
Barrister Syed Mudassir Amin,
Mr. Farooq Amjad Mir
|
| Petitioners |
STATE THROUGH PROSECUTOR GENERAL ACCOUNTABILITY, NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD
|
| Respondents |
NASEEMUR-REHMAN,
EX-MNA,
TWO OTHERS
|
| Citations |
2018 SLD 2243,
2018 PLJ 680
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
265-K,
9,
32,
18
|