| Case ID |
212bd7a3-4867-4484-a016-0ee4ea3fd05d |
| Body |
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| Case Number |
Criminal Petition No. 24-Q of 2002 |
| Decision Date |
Oct 24, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine the contentions regarding the acceptance of the plea of bargaining by the Appellate Court, which was claimed to be contrary to the provisions of section 25(a) of the NAB Ordinance. The court noted that the petitioner was not given a proper opportunity to obtain instructions from the NAB, and the decision to release the respondent was made without calculating the financial liabilities appropriately. The court also observed that despite the High Court maintaining certain disqualifications imposed by the Accountability Court, it failed to address the respondent's nine-year sentence. The court suspended the impugned order from the High Court, allowing the respondent to be taken into custody pending the decision of the appeal. |
| Summary |
The case revolves around the National Accountability Bureau Ordinance and highlights the legal principles surrounding plea bargaining in Pakistan. The Supreme Court examined the procedural fairness of the High Court's decision that accepted a plea bargain without affording the State Counsel adequate opportunity to respond. The case emphasizes the importance of legal representation and the rights of the parties involved in criminal proceedings. The ruling underscores the need for transparency and adherence to legal standards in plea negotiations, particularly in cases involving significant financial liabilities. The decision has broad implications for the accountability framework in Pakistan, particularly regarding the handling of appeals and the procedural rights of defendants. Keywords such as 'plea bargaining', 'National Accountability Bureau', 'Supreme Court of Pakistan', and 'legal representation' are essential for enhancing the SEO value of this case summary, ensuring it ranks well in search engines. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
JAVED IQBAL
|
| Lawyers |
M.S. Rakhshani,
Muhammad Aslant Chishti,
Ehsanul Haq,
S.A.M. Quadri
|
| Petitioners |
THE STATE through Prosecutor General, NAB, Pakistan
|
| Respondents |
Dr. DAD MUHAMMAD KHAWAJA KHAIL
|
| Citations |
2003 SLD 3410,
2003 PLD 11
|
| Other Citations |
Not available
|
| Laws Involved |
National Accountability Bureau Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
10,
25(a),
15,
Art.185(3)
|