| Case ID |
2facccf3-8f55-4297-92c0-89603be85ad6 |
| Body |
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| Case Number |
C. Ps. Nos. D-1260, D-2244, D-2656 and D-2657 of 2 |
| Decision Date |
Sep 27, 2018 |
| Hearing Date |
Sep 25, 2018 |
| Decision |
The Sindh High Court dismissed the bail petitions of the petitioners on the grounds of hardship. The court held that the petitioners had been arrested for accumulating assets beyond known sources of income and causing a loss to the national exchequer. The court emphasized that non-compliance with a previous directive to conclude the trial within a specified timeframe does not automatically grant bail. The decision reflects the court's commitment to ensuring that accountability proceedings are conducted expediently while balancing the rights of the accused. The court directed that the trial must be concluded within three months, emphasizing the need for timely justice. |
| Summary |
In the case of C. Ps. Nos. D-1260, D-2244, D-2656 and D-2657 of 2018, the Sindh High Court dealt with petitions for bail filed by the petitioners under the National Accountability Ordinance, 1999. The main issues at stake were allegations of financial misconduct and the petitioners' claims of hardship due to prolonged detention without trial. The court analyzed the implications of non-compliance with previous orders to expedite the trial process and reiterated that such non-compliance does not constitute a valid basis for granting bail. The decision highlights the balance between the rights of the accused and the necessity of maintaining the integrity of the accountability process. The ruling confirms the importance of timely trials in corruption cases, especially when significant losses to the national exchequer are involved. This case serves as a crucial precedent in the legal landscape surrounding accountability and the rights of individuals facing serious charges, emphasizing the need for judicial efficiency and fairness in trial processes. |
| Court |
Sindh High Court
|
| Entities Involved |
National Accountability Bureau,
Accountability Court No.VI, Sindh at Hyderabad
|
| Judges |
ABDUL MAALIK GADDI,
MOHAMMAD KARIM KHAN AGHA
|
| Lawyers |
Barrister Khawaja Naveed Ahmed,
Fazal Hussain Jamali
|
| Petitioners |
SYED SHOAIB HASSAN AND OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD AND OTHERS
|
| Citations |
2019 SLD 1995,
2019 YLR 2162
|
| Other Citations |
Anwar Saifullah Khan v. The State 2001 SCMR 1040,
Muhammad Saeed Mehdi v. State 2002 SCMR 282,
Muhammad Nadeem Anwar v. National Accountability Bureau PLD 2008 SC 645,
Himesh Khan v. National Accountability Bureau (NAB) 2015 SCMR 1092,
Muhammad Afzal Butt v. State 2015 SCMR 1696,
Muhammad Amin Qureshi v. State 2007 PCr.LJ 105,
Mansoor Ali v. Chairman NAB PLD 2016 Sindh 41,
Mushtaq Ahmed v. Chairman, NAB 2018 YLR 134,
Nisar Ahmed v. The State and others PLD 2016 SC 11,
Shahid Umer v. Chairman NAB SBLR 2018 Sindh 357,
Hamood ur Reham Qazi v. Government of Sindh (Civil Petition No. 3381 of 2017),
Muhammad Nawaz v. State 2002 SCMR 1881,
Rehmatullah v. State 2011 SCMR 1332
|
| Laws Involved |
National Accountability Ordinance, 1999,
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
9(a)(b,
497,
199
|