| Case ID |
2cc18260-57d6-47c6-9d9c-d90dcb86bccb |
| Body |
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| Case Number |
W.P. No. 2682-P of 2017 |
| Decision Date |
Nov 08, 2017 |
| Hearing Date |
Nov 08, 2017 |
| Decision |
The Peshawar High Court allowed the writ petition filed by Attaullah Jan for his release on bail due to the inordinate delay in the conclusion of his trial under the Khyber Pakhtunkhwa Ehtesab Commission Act. The court noted that the petitioner had been in judicial custody since May 18, 2015, and that the trial had not been concluded due to the absence of prosecution witnesses and the retirement of the presiding officer. The court emphasized the right to a speedy trial and highlighted that the majority of the delays were not attributable to the petitioner. Therefore, the court directed his release on bail upon furnishing surety bonds. |
| Summary |
The case of Attaullah Jan vs. Khyber Pakhtunkhwa Ehtesab Commission revolves around the petitioner's request for bail after being in custody for over two years without a concluded trial. The petitioner was accused of corruption during his tenure as Housing Officer at the Kohat Development Authority. The Peshawar High Court analyzed the delays in the trial proceedings and determined that they were primarily caused by the absence of prosecution witnesses and the retirement of the presiding judge. The court underscored the constitutional right to a speedy trial, noting that the petitioner had made multiple requests for bail based on the prolonged detention. Ultimately, the court granted bail, allowing the petitioner to be released on specific conditions. This case highlights key issues regarding judicial delays, the rights of the accused, and the responsibilities of the prosecution to ensure timely trials, making it a significant reference point in discussions about judicial efficiency and fairness. |
| Court |
Peshawar High Court
|
| Entities Involved |
Khyber Pakhtunkhwa Ehtesab Commission,
Kohat Development Authority
|
| Judges |
WAQAR AHMED SETH,
IJAZ ANWAR,
ATTAULAH JAN
|
| Lawyers |
Qazi Jawad Ihsan Ullah,
Zahid Aman
|
| Petitioners |
Attaullah Jan
|
| Respondents |
KHYBER PAKHTUNKHWA EHTESAB COMMISSION THROUGH DIRECTOR GENERAL AND 4 OTHERS
|
| Citations |
2018 SLD 2443,
2018 MLD 1905
|
| Other Citations |
Hamish Khan v. The NAB Lahore and others 2015 SCMR 1092,
Muhammad Jameel Rahi v. DG NAB and others 2012 SCMR 552,
Muhammad Nadeem Anwar v. NAB PLD 2008 SC 645,
Anwar ul Haq Qureshi v. National Accountability Bureau 2008 SCMR 1135,
Riasat Ali v. Ghulam Muhammad and another PLD 1968 SC 353
|
| Laws Involved |
Khyber Pakhtunkhwa Ehtesab Commission Act, (I of 2014),
Constitution of Pakistan, 1973
|
| Sections |
23,
42,
199
|