| Case ID |
2a996c1c-130e-4308-bc62-228e5ef9c3d4 |
| Body |
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| Case Number |
Writ Petitions Nos. 14103, 15685 and 16077 of 2003 |
| Decision Date |
Dec 31, 2003 |
| Hearing Date |
Nov 18, 2003 |
| Decision |
The Lahore High Court dismissed the writ petitions challenging the transfer of the case from the Special Court to the Accountability Court. The court found that the allegations against the petitioners, if proven, constituted a valid case under the National Accountability Ordinance, 1999. The Chairman of the National Accountability Bureau was within his rights to transfer the case as the provisions of the Ordinance allowed such transfers when serious allegations of corruption were involved. The court ruled that the petitioners did not have a vested right to be tried in a particular court and that the Chairman's powers were not arbitrary but were intended to expedite the trial of corruption cases. |
| Summary |
In the case of Akhtar Ali and others v. Judge Special Court (Offences in Banks), the Lahore High Court addressed the crucial issue of the transfer of corruption cases under the National Accountability Ordinance, 1999. The court examined the powers granted to the Chairman of the NAB to transfer cases from ordinary courts to accountability courts, highlighting the importance of expediting trials related to corruption. The petitioners, who were accused of embezzling over eighteen million rupees, contended that the transfer was arbitrary and violative of their judicial rights. However, the court upheld the Chairman's authority, emphasizing that the allegations warranted such a transfer. This case reinforces the significance of judicial efficiency in handling corruption cases, aligning with the objectives of the NAB Ordinance, 1999, which aims to combat corruption effectively. Keywords such as National Accountability Bureau, corruption, judicial review, and accountability courts are essential to understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jilani,
Bashir A. Mujahid
|
| Lawyers |
Syed Zahid Hussain Bokhari,
Syed Talib H. Rizvi,
Syed Taffazzul H. Rizvi,
Makhdoom Ali Khan,
Malik M. Pervaiz Akhtar,
Sher Zaman Khan,
Muhammad Nawaz Bhatti,
Malik Waqar Saleem,
Shahid Karim,
Waqar Hassan Mir,
Ali Tipu Khan
|
| Petitioners |
Muhammad Iqbal Farrukh,
Syed Muhammad Muntasam Rahat Ali,
Akhtar Ali
|
| Respondents |
National Accountability Bureau,
Judge Special Court (Offences in Banks), Punjab Lahore
|
| Citations |
2004 SLD 2568,
2004 PLD 182
|
| Other Citations |
Khan Asfandyar Wali and others v: Federation of Pakistan through Cabinet Division, Islamabad and others PLD 2001 SC 607
|
| Laws Involved |
National Accountability Ordinance, 1999,
Penal Code, 1860,
Prevention of Corruption Act, 1947,
Criminal Procedure Code, 1898,
Constitution of Pakistan, 1973
|
| Sections |
9,
16-A,
409,
420,
467,
468,
466,
471,
477-A,
109,
5(2),
5,
199
|