| Case ID |
100fe3d6-b77c-4442-b956-395ea8c19d21 |
| Body |
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| Case Number |
W.P. No. 1188-P of 2017 |
| Decision Date |
Jul 13, 2017 |
| Hearing Date |
Jul 13, 2017 |
| Decision |
The Peshawar High Court, presided over by Justices Qaiser Rashid Khan and Muhammad Younis Thaheem, dismissed the petition filed by Faisal Qazafi against the National Accountability Bureau (NAB) and its chairman along with four others. The court held that Faisal Qazafi was not entitled to pre-arrest bail in the NAB proceedings. The ad-interim bail previously granted was not confirmed, leading to the dismissal of the petition. The court found substantial evidence indicating that Faisal Qazafi was involved in corrupt practices and colluded with co-accused individuals, including his son-in-law, to facilitate the illicit purchase of a shopping plaza. The transaction in question occurred shortly after an inquiry was initiated, thereby invoking Section 23 of the National Accountability Ordinance, 1999. Furthermore, the court noted that despite the transfer of ownership of the property to Faisal Qazafi, the co-accused continued to engage in contractual agreements with tenants, suggesting attempts to conceal the financial transactions from the prosecution. The lack of cooperation from Faisal Qazafi with NAB authorities and his failure to join the investigation were deemed inconsistent with his claims of harassment, leading the court to conclude that the bail granted was unjustified. Consequently, the petition was dismissed, and Faisal Qazafi remained under legal proceedings without pre-arrest bail. |
| Summary |
In the landmark case of FAISAL QAZAFI vs. NATIONAL ACCOUNTABILITY BUREAU (NAB) THROUGH CHAIRMAN AND 4 OTHERS, the Peshawar High Court delivered a significant judgment on July 13, 2017, under the citation numbers 2018 SLD 598 and 2018 MLD 386. The case revolved around allegations of corruption, misuse of authority, and corrupt practices by Faisal Qazafi, who faced charges under the Criminal Procedure Code (V of 1898), specifically Section 498, the National Accountability Ordinance (NAB) 1999 sections 9(a)vi, 9(b), and 23, and the Constitution of Pakistan, 1973, Article 199.
Faisal Qazafi sought pre-arrest bail, arguing that his arrest was illegal, unlawful, and unconstitutional. He contended that he was a bona fide purchaser of the Hamala Shopping Plaza in Gulbahar, Peshawar, having acquired it through a registered sale deed from his son-in-law, Irfan Qureshi. Qazafi claimed that Section 23 of the National Accountability Ordinance, 1999, did not apply to his case and alleged that NAB authorities were acting in bad faith to harass and intimidate him.
However, the court meticulously examined the evidence presented by both parties. The prosecution demonstrated that Qazafi was deeply involved in corrupt activities, including colluding with his co-accused to purchase the shopping plaza at a significantly undervalued price during a period when an inquiry had already been initiated. This transaction was deemed to fall under Section 23 of the NAB Ordinance, making it a matter of accountability and corruption.
Moreover, despite the transfer of the plaza to Qazafi's name in 2014, his co-accused continued to manage rental agreements secretly, indicating an attempt to obscure the financial dealings from the prosecution. The court also highlighted Qazafi's lack of cooperation with NAB authorities and his failure to assist in uncovering the larger financial scam orchestrated by Muhammad Tariq Awan, the ex-Secretary of the Workers Welfare Board.
Justice Qaiser Rashid Khan and Justice Muhammad Younis Thaheem, in their judgment, emphasized the importance of accountability and the judiciary's role in combating corruption. They pointed out that Qazafi's actions not only violated the existing laws but also undermined public trust in governmental institutions. The decision dismissed Qazafi's petition for pre-arrest bail, reaffirming the strength of the National Accountability Bureau in upholding justice and transparency.
This case underscores the judiciary's commitment to addressing corruption at high levels and serves as a deterrent against the misuse of authority by public officeholders. It also highlights the effectiveness of legal frameworks like the National Accountability Ordinance in prosecuting and holding individuals accountable for their actions. The Peshawar High Court's ruling reinforces the necessity for public officials to act with integrity and the legal system's dedication to ensuring that justice prevails over corruption and malfeasance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Peshawar High Court,
NATIONAL ACCOUNTABILITY BUREAU (NAB),
Workers Welfare Board
|
| Judges |
QAISER RASHID KHAN, JUSTICE,
MUHAMMAD YOUNIS THAHEEM, JUSTICE
|
| Lawyers |
Malik Tariq Mahmood,
Muhammad Riaz Mohmand
|
| Petitioners |
FAISAL QAZAFI
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU (NAB) THROUGH CHAIRMAN AND 4 OTHERS
|
| Citations |
2018 SLD 598,
2018 MLD 386
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
498,
9(a)vi,
9(b),
23,
199
|