| Case ID |
04643728-6189-44c9-856c-ba4ea80e6a6a |
| Body |
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| Case Number |
Writ Petition No. 2792-P of 2014 |
| Decision Date |
Mar 29, 2017 |
| Hearing Date |
Mar 16, 2017 |
| Decision |
The Peshawar High Court ruled in favor of the petitioner, Zaki Ullah, allowing his constitutional petition against the National Accountability Bureau (NAB). The court found that the order to block Zaki Ullah's bank accounts under Section 23 of the National Accountability Ordinance was illegal. The court emphasized that only the Chairman NAB or a court has the authority to freeze assets, and there was no evidence of delegation of that power to the officials who issued the freezing order. The decision underscored the importance of lawful authority in the freezing process and protected the rights of the accused against unlawful actions by the NAB. |
| Summary |
In the case of Zaki Ullah vs. National Accountability Bureau, the Peshawar High Court addressed the legality of an order that blocked the petitioner's bank accounts. The court found that the freezing of assets under the National Accountability Ordinance, specifically Sections 12 and 23, was improperly executed. The ruling highlighted that the Chairman NAB holds exclusive authority to issue such orders unless expressly delegated. The court's decision reinforces the need for proper legal procedures in asset freezing cases, protecting individuals from arbitrary actions by authorities. This case is significant in the context of accountability laws in Pakistan, emphasizing judicial oversight in the enforcement of such laws. Legal professionals and affected individuals alike should take note of the implications of this decision, as it sets a precedent for similar cases involving asset freezing and accountability measures. |
| Court |
Peshawar High Court
|
| Entities Involved |
National Accountability Bureau,
Habib Bank Limited
|
| Judges |
Justice Waqar Ahmad Seth,
Justice Muhammad Younis Thaheem,
Justice Zakiullah
|
| Lawyers |
Qazi Jawad Ehsanullah Qureshi,
Umar Farooq
|
| Petitioners |
Zaki Ullah
|
| Respondents |
National Accountability Bureau through Chairman and 5 others
|
| Citations |
2017 SLD 2712 = 2017 PCRLJ 1292
|
| Other Citations |
The State through Prosecutor-General Accountability, NAB, Islamabad v. Babar Ali Kharal PLD 2008 Lah. 347
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
12,
23
|