| Case ID |
05f099de-ca5f-4b69-8660-3543506ee17c |
| Body |
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| Case Number |
W.P. No. 56733 of 2019 |
| Decision Date |
Oct 31, 2019 |
| Hearing Date |
Oct 31, 2019 |
| Decision |
The Lahore High Court granted post-arrest bail to petitioner Maryam Nawaz Sharif under Article 199 of the Constitution of Pakistan. The court considered the allegations of corruption and money laundering against her, specifically her involvement in the acquisition of assets disproportionate to her known sources of income. The court noted that the prosecution failed to establish a direct connection between the petitioner and the alleged fraudulent activities. Furthermore, the court stressed the importance of ensuring that bail is not used as a form of punishment. The decision emphasized that the petitioner, being a woman, should be granted bail unless compelling circumstances justified otherwise. The court highlighted that the ongoing investigation does not preclude the possibility of granting bail, especially when the evidence presented does not conclusively prove guilt. The petitioner was required to furnish surety bonds and deposit a significant amount to ensure her compliance with the bail conditions. |
| Summary |
In this landmark case, Maryam Nawaz Sharif sought post-arrest bail from the Lahore High Court amid serious allegations of corruption and money laundering linked to the National Accountability Ordinance, 1999. The case stems from accusations that she aided and abetted her father, former Prime Minister Nawaz Sharif, in acquiring significant assets through illegal means. The court meticulously analyzed the evidence, which included statements from foreign nationals, financial transactions, and the involvement of various entities in the alleged money laundering scheme. While the prosecution argued that the petitioner was a key player in these transactions, the court found that the evidence did not sufficiently establish her culpability. Emphasizing the need to protect individual liberties and the presumption of innocence, the court granted bail, highlighting that the principles of justice must prevail over mere allegations. This decision not only underscores the legal rights of individuals in high-profile corruption cases but also reflects the judiciary's commitment to uphold the rule of law in Pakistan. The ruling has significant implications for future cases involving similar allegations and sets a precedent for the treatment of women in legal proceedings, reaffirming that gender should not be a barrier to receiving fair judicial consideration. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI,
SARDAR AHMED NAEEM
|
| Lawyers |
Ch. Imtiaz Elahi,
Muhammad Amjad Pervaiz,
Naeem Tariq Sanghera,
Syed Faisal Raza Bukhari,
Khawar Ikram Bhatti,
Ahsan Rasool Chatha,
Zafar Hussain Ahmed,
Mr. Azam Nazeer Tarar,
Barrister Momin Malik,
Shan Saeed Ghuman,
Muhammad Aurangzeb,
Muhammad Nawaz Chaudhry,
Muhammad Adil Chatha,
Salman Sarwar Rao,
Sultan Mehmood Khan,
Hafeez-ur-Rehman,
Mr. Jahanzeb Bharwana,
Ch. Khaliq-uz-Zaman,
Yasir Siddique Mughal,
Arshad Qayyum,
Muhammad Ali Chatha,
Usman Iftikhar,
Aftab Ahmed
|
| Petitioners |
MARYAM NAWAZ SHARIF
|
| Respondents |
CHAIRMAN NAB ETC.
|
| Citations |
2020 SLD 59,
2020 PLJ 16
|
| Other Citations |
PLJ 2010 Lahore 78 (DB),
PLD 2016 SC 620,
PLD 2016 SC 454,
PLD 1965 (W.P.) Lahore 461,
PLD 1967 Lahore 186,
2002 P.Cr.L.J. 1712,
PLD 2002 SC 572,
2010 P.Cr.L.J. 1988,
2017 P.Cr.L.J. 1258,
PLD 2019 SC 445,
PLD 2014 Federal Sharif Court 63,
1991 MLD 1814,
2005 P.Cr.L.J. 164,
PLD 2003 Lahore 517,
PLD 2016 Lahore 667,
PLD 2018 SC 296,
1992 P.Cr.L.J. 58,
2012 P.Cr.L.J. 1983,
2016 P.Cr.L.J. 193,
PLD 2017 SC 692,
2012 PTD 1883,
2013 SC 594,
2017 SCMR 1218
|
| Laws Involved |
National Accountability Ordinance, 1999,
Criminal Procedure Code (V of 1898),
Anti Money Laundering Act, 2010,
Constitution of Pakistan, 1973
|
| Sections |
199,
497,
426,
498,
491,
561A,
403,
164,
10,
9(a)(vi),
62(1)(f),
9(a)(v),
13,
9(a)(iii),
9(a)(xii),
9(a)(iv),
3,
9(a)(xi),
9(a)(ix),
9(a)(x),
9(a)(i),
9(a)(ii),
9(a)(vii),
9(a)(viii)
|