| Case ID |
177dc71c-fabc-4cce-b3ba-47b7ca4c40ae |
| Body |
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| Case Number |
C. P. No. 1299 of 2015 |
| Decision Date |
Nov 28, 2016 |
| Hearing Date |
Nov 15, 2016 |
| Decision |
The Balochistan High Court, presided over by Justices Muhammad Hashim Khan Kakar and Abdullah Baloch, upheld the pre-arrest bail of the petitioner, Pervaiz Zaki. The court determined that the allegations against Mr. Zaki involved a value below Rs.100 million, which, according to the National Accountability Bureau's (NAB) Standing Operating Procedure (SOP), does not fall within its jurisdiction for investigation. The court emphasized the importance of adhering to constitutional protections under Article 25, which ensures equality before the law and prohibits discrimination. It was found that the petitioner was no longer necessary for the ongoing investigation, as the proceedings had already begun and the investigation was complete. Consequently, the court confirmed the pre-arrest bail, highlighting the necessity of balancing anti-corruption efforts with constitutional rights and procedural fairness. |
| Summary |
In the landmark case of C. P. No. 1299 of 2015, adjudicated by the Balochistan High Court on November 28, 2016, the petitioner, Pervaiz Zaki, sought pre-arrest bail against the actions initiated by the National Accountability Bureau (NAB) through the National Accountability Ordinance, 1999. The core issue revolved around allegations of corruption and misuse of public office, specifically involving unauthorized financial dealings amounting to less than Rs.100 million.
The Balochistan High Court, under the esteemed judgments of Justices Muhammad Hashim Khan Kakar and Abdullah Baloch, meticulously examined the Standing Operating Procedure (SOP) of NAB. According to SOP Clause (iii), NAB's jurisdiction is primarily confined to cases involving sums exceeding Rs.100 million, aimed at targeting large-scale corruption. In this instance, the allegations did not meet the threshold criteria, thus rendering NAB's involvement ultrapassable under the existing legal framework.
Furthermore, the court underscored the significance of constitutional safeguards enshrined in Article 25 of the Constitution of Pakistan, 1973, which guarantees equality before the law and protects against discrimination. The petitioner’s representation, led by Afrasiab Barakzai, effectively argued that continued detention under these circumstances would contravene constitutional mandates, as the value involved did not justify the extrajudicial actions propounded by NAB.
The court also referenced precedents such as Rauf Bakhsh Kadri v. The State and Amjad Hussain v. NAB, which collectively reinforce the principle that procedural fairness must be maintained, especially concerning the jurisdictional limits of investigative authorities like NAB. These cases highlight the judiciary's role in ensuring that anti-corruption measures do not infringe upon fundamental rights without legitimate cause.
In delivering its decision, the Balochistan High Court not only maintained the integrity of the legal process but also emphasized the necessity of adhering to established SOPs to prevent the overreach of anti-corruption bodies. By confirming the pre-arrest bail, the court provided a juridical check on NAB's powers, ensuring that entities tasked with upholding accountability do not overstep their legal bounds.
This judgment is particularly significant in the broader context of Pakistan’s legal and administrative landscape, where balancing robust anti-corruption efforts with the protection of individual rights remains a delicate but essential endeavor. The decision reinforces the judiciary's commitment to upholding constitutional principles, promoting transparency, and ensuring that anti-corruption measures are both effective and just.
Moreover, the case sheds light on the operational challenges faced by NAB, especially in regions like Balochistan, where jurisdictional clarity and procedural adherence are crucial for maintaining public trust in anti-corruption institutions. The court’s ruling serves as a precedent for future cases, guiding NAB and similar bodies to operate within their defined legal frameworks and respect the constitutional rights of individuals.
In conclusion, C. P. No. 1299 of 2015 stands as a testament to the judiciary's pivotal role in interpreting and enforcing the law impartially. By granting pre-arrest bail to Pervaiz Zaki, the Balochistan High Court not only protected an individual’s rights but also reinforced the importance of jurisdictional boundaries in anti-corruption endeavors, ensuring that justice is both served and seen to be served within Pakistan’s legal system. |
| Court |
Balochistan High Court
|
| Entities Involved |
National Accountability Bureau,
PTCL
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR,
JUSTICE ABDULLAH BALOCH
|
| Lawyers |
Afrasiab Barakzai,
Muhammad Ewaz Zehri,
Riaz Akhtar Tareen
|
| Petitioners |
PERVEZ ZAKI
|
| Respondents |
THE STATE THROUGH NATIONAL ACCOUNTABILITY BUREAU, BALOCHISTAN, QUETTA
|
| Citations |
2017 SLD 2658 = 2017 PCRLJ 747
|
| Other Citations |
Rauf Bakhsh Kadri v. The State 2003 MLD 777,
Amjad Hussain v. NAB C.P. No. D-1210 of 2016,
State through Chairman NAB v. Hanif Hyder 2016 SCMR 2031,
Asfandyar Khan's case PLD 2001 SC 607 rel.,
Muhammad Nadeem Anwar v. NAB PLD 2008 SC 645 rel.
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
9(a)(b),
16(a),
10A,
25
|