| Case ID |
1785647b-b7cf-4cfc-99f4-abe637279658 |
| Body |
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| Case Number |
D-1817, D-3401, D-1979 and D-3901 of 2017 |
| Decision Date |
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| Hearing Date |
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| Decision |
The Sindh High Court confirmed the pre-arrest bail for petitioners Mustafa Jamal, Obaidullah Pahore, and Agha Asghar Ali due to the presence of mala fides by the National Accountability Bureau (NAB) in their cases. However, the court recalled the ad interim pre-arrest bail granted to Abdul Lateef Brohi, citing sufficient material linking him to the corruption offenses under the National Accountability Ordinance, 1999. The decision emphasizes the necessity of disclosing exculpatory evidence and ensures that bail decisions are based on the integrity of the investigative process. This ruling underlines the court's commitment to fair trial standards and the diligent examination of evidence in corruption cases. |
| Summary |
In the landmark case of the Sindh High Court, Constitutional Petitions Nos. D-1817, D-3401, D-1979, and D-3901 of 2017 were adjudicated with a decision dated 30-01-2018 and hearings held on 26-01-2018. Presided over by Justice Mohammad Karim Khan Agha, the case involved prominent petitioners Mustafa Jamal Kazi and others against the National Accountability Bureau (NAB) and associated respondents. Central to the case were allegations under the Criminal Procedure Code (Section 498), Constitution of Pakistan (Article 199), and the National Accountability Ordinance, 1999 (Sections 9(a)(iv)(vi) and 9(b)), focusing on pre-arrest bail and mala fides in the investigative process. The court meticulously analyzed the misuse of authority by petitioners, the concealment of exculpatory evidence by NAB, and the legal precedents set by cases like Rana Mohammed Arshad v. Muhammed Rafique and Mukhtar Ahmad v. The State. The decision underscored the importance of fair trial rights as enshrined in Article 10(A) of the Constitution, aligning with international legal standards highlighted in Brady v. Maryland and Charles S.Turner et al v. United States. By confirming bail for Mustafa Jamal, Obaidullah Pahore, and Agha Asghar Ali while recalling it for Abdul Lateef Brohi, the court reinforced the principles of justice and due process. This case sets a significant precedent in combating corruption, ensuring transparency, and upholding the rule of law in Pakistan's judicial system. The involvement of key legal experts and the strategic legal arguments presented made this case a pivotal reference for future accountability and anti-corruption measures, reflecting the judiciary's proactive stance in maintaining integrity within governmental institutions. |
| Court |
Sindh High Court
|
| Entities Involved |
National Accountability Bureau
|
| Judges |
MOHAMMAD KARIM KHAN AGHA
|
| Lawyers |
Aamir Raza Naqvi,
Afaq Ahmed,
Mohammed Altaf, Special Prosecutor, NAB
|
| Petitioners |
MUSTAFA JAMAL KAZI AND OTHERS
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| Respondents |
NATIONAL ACCOUNTABILITY BUREAU AND OTHERS
|
| Citations |
2019 SLD 552,
2019 YLR 650
|
| Other Citations |
Rana Mohammed Arshad v. Muhammed Rafique PLD 2009 SC 427,
Mukhtar Ahmad v. The State and others 2016 SCMR 2064,
Khalil Ahmed Soomro and others v. State dated 28-7-2017 rel.,
C.P. No.D-1955 of 2017 Sharjeel Inam Memon v. Chairman NAB and others,
Brady v. Maryland (373 US 83 (1963)),
Pyle v. Kansas,
Mooney v. Holohan,
Napue v. Illinois,
Alcorta v. Texas,
Wilde v. Wyoming,
Durley v. Mayo,
Charles S.Turner et al V United States (2017 SCMR 1489)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
498,
199,
9(a)(iv)(vi),
9(b)
|