| Case ID |
0bb8c322-f8fa-47e9-ad41-f4308c8bb69e |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 1264 of 2017 |
| Decision Date |
Apr 10, 2017 |
| Hearing Date |
|
| Decision |
The Islamabad High Court granted transitory bail to the petitioner, Mrs. Asma Alamgir, for a period of 15 days. The court ruled that the petitioner, who was abroad, could face the ongoing investigation by the National Accountability Bureau (NAB) without being arrested upon her return to Pakistan. The court emphasized that the inquiry against the petitioner was pending at a different location, and thus, the court at Islamabad had jurisdiction to grant temporary relief to enable her to return and cooperate with the authorities. The decision is rooted in the principles of justice and the right to fair legal representation, allowing the petitioner to defend herself against allegations of unlawful asset accumulation. The court's ruling aligns with previous case law that supports granting protective measures to individuals facing legal challenges while abroad. |
| Summary |
In the significant case of Mrs. Asma Alamgir vs. Federation of Pakistan, the Islamabad High Court addressed the issue of transitory bail for a petitioner facing investigation by the National Accountability Bureau (NAB). The court recognized the challenges faced by individuals abroad who wish to return to Pakistan to respond to legal inquiries without the fear of immediate arrest. The ruling highlighted the importance of ensuring that individuals can seek legal recourse and participate in judicial processes without undue harassment. The case involved complex legal interpretations of the National Accountability Ordinance, 1999, and the Constitution of Pakistan, emphasizing the need for due process and the protection of constitutional rights. This case serves as a precedent for similar situations where individuals seek protective bail while abroad, reinforcing the judiciary's role in safeguarding citizens' rights against potential arbitrary actions by authorities. Key terms such as transitory bail, legal representation, and accountability laws are crucial for understanding the implications of this ruling. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ,
MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Barrister Masroor Shah,
Sardar Muzaffar Ahmed Khan
|
| Petitioners |
MRS ASMA ALAMGIR
|
| Respondents |
FEDERATION OF PAKISTAN AND OTHERS
|
| Citations |
2017 SLD 2435,
2017 YLR 1626
|
| Other Citations |
Javed Iqbal Mirza v. National Accountability Bureau 2007 PCr.LJ 1230,
Hasan Sohail v. The State 2006 YLR 3116,
Muhammad Jamal v. Federation of Pakistan 2012 YLR 167,
Khawaja Muhammad Salman Younis v. Federation of Pakistan PLD 2016 Sindh 547,
Mrs. Ambreen Saleem Khawaja v. FOP 2015 PCr.LJ 506,
Sabir Hussain v. The State 1999 MLD 2208
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
9(b),
18(c),
199
|