| Case ID |
1742d672-122a-428c-a4cb-0b735c0e18e2 |
| Body |
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| Case Number |
D-2833 of 2013 |
| Decision Date |
Nov 02, 2013 |
| Hearing Date |
Oct 11, 2013 |
| Decision |
In this case, the Sindh High Court ruled that the petitioner, Sardar Amin Farooqui, was entitled to bail in light of the circumstances surrounding the Afghan Transit Containers Scam. The court found that the allegations against the petitioner were similar across multiple references, indicating a need for further inquiry rather than immediate punishment. The court emphasized that bail should not be withheld as a form of punishment and highlighted the importance of assessing the role of the accused within the context of the entire case. The decision to grant bail was based on the understanding that the petitioner had already been released on bail for related allegations, and the court acknowledged the necessity of examining the evidence and roles of all involved parties in detail during the trial phase. The court's ruling underscored the principle that all accused should be treated fairly and that the legal process should allow for a thorough investigation before reaching conclusions about culpability. |
| Summary |
The Sindh High Court's decision in the case of Sardar Amin Farooqui revolves around allegations of corruption and embezzlement related to the Afghan Transit Containers Scam. The petitioner, a Principal Appraiser in the Customs Department, faced multiple references from the NAB concerning missing containers. The court analyzed the legality of his arrest and the implications of previously granted bail. It was determined that the allegations were fundamentally similar across all references, necessitating a comprehensive inquiry into the roles of all accused parties. The court stressed the importance of not using bail as a punitive measure and highlighted the need for a fair assessment of evidence. The ruling reflects a commitment to uphold legal principles, ensuring that all accused receive just treatment and that their cases are thoroughly examined by the trial court. The decision is a significant example of judicial oversight in matters involving allegations of corruption, emphasizing the necessity for procedural fairness and detailed investigation in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
FAROOQ ALI CHANNA
|
| Lawyers |
Not available
|
| Petitioners |
Sardar AMIN FAROOQUI
|
| Respondents |
another,
THE CHAIRMAN (NAB)
|
| Citations |
2014 SLD 1215,
2014 PCRLJ 186
|
| Other Citations |
PLD 2003 SC 891,
2002 PCr.LJ 1712
|
| Laws Involved |
National Accountability Ordinance, 1999,
Criminal Procedure Code, 1898,
Constitution of Pakistan
|
| Sections |
9(a),
17(d),
497(2),
199
|