| Case ID |
229737a7-2d72-42b4-bc3e-2fe889b5458c |
| Body |
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| Case Number |
D-385 of 2008 |
| Decision Date |
Nov 05, 2010 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by S.A. Sattar Battiwalla and others, which sought anticipatory bail and an extension of time for repayment of debts to Habib Bank A.G. Zurich. The court ruled that since the petitioners had failed to comply with the terms of their plea bargain, they were not entitled to any equitable relief under Article 199 of the Constitution. The court emphasized that allowing such relief would perpetuate illegal gains, which is impermissible by law. The decision was based on previous case law and the petitioners' history of defaulting on payments. |
| Summary |
In the case of S.A. Sattar Battiwalla and others vs. National Accountability Bureau, the Sindh High Court addressed issues related to the National Accountability Ordinance, 1999, and the Constitution of Pakistan, 1973. The petitioners sought anticipatory bail and additional time to settle their debts with Habib Bank A.G. Zurich. The court found that the petitioners had previously defaulted on a plea bargain, where they agreed to pay a significant sum but failed to do so within the stipulated timeframe. The ruling highlighted the importance of upholding the law and ensuring that financial obligations are met. The court's decision to dismiss the petition reinforces the principle that equitable relief cannot be granted to parties who do not adhere to their legal commitments. This case serves as a precedent for similar situations where plea bargains are involved, emphasizing accountability and the consequences of defaulting on financial agreements. |
| Court |
Sindh High Court
|
| Entities Involved |
National Accountability Bureau,
Habib Bank A.G. Zurich,
Habib Metropolitan Bank
|
| Judges |
Gulzar Ahmed,
Imam Bux Balouch
|
| Lawyers |
Zulfiqar Noorani,
Sameer Ghazanfar,
Muhammad Aslam Butt,
Ms. Naheed A. Shahid
|
| Petitioners |
3 Others,
S.A. Sattar Battiwalla
|
| Respondents |
National Accountability Bureau
|
| Citations |
2011 SLD 6429,
2011 PCRLJ 457
|
| Other Citations |
Mukesh Kumar v. Chairman NAB PLD 2008 Kar. 38,
Minhon Khan Chandio v. National Accountability Bureau C.P. No.D-1330 of 2010,
Rehmatullah and others v. Mst. Hameeda Begum and others 1986 SCMR 1561,
The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
5(r),
25,
25-A,
33-E,
199
|