| Case ID |
36f2e1f7-069b-42ea-b4e2-3c0cf27693b9 |
| Body |
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| Case Number |
C.P. No.560 of 2007 |
| Decision Date |
Jun 29, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine the questions of law regarding the jurisdiction of the National Accountability Bureau (NAB) in relation to scheduled offences committed by private persons. The Court found that the petitioner had made a fit case for bail as there were reasonable grounds to believe he might not ultimately be found guilty. The Court directed the release of the petitioner on bail, subject to the submission of a personal recognizance bond. This decision was based on the facts that the allegations of fraud and cheating were primarily directed at another individual, and the petitioner's arrest was deemed illegal and without jurisdiction. |
| Summary |
In the case of C.P. No.560 of 2007, the Supreme Court of Pakistan addressed critical issues regarding the jurisdiction of the National Accountability Bureau (NAB) in cases involving private individuals. The court examined whether the NAB could pursue cases against private persons without a nexus to public office. The decision emphasized the importance of jurisdiction and procedural fairness, particularly in matters where allegations are unclear or primarily directed at others. The court's ruling highlights the balance between accountability and individual rights, reinforcing the notion that private disputes should not fall under the purview of NAB unless clearly warranted. The case serves as a significant precedent in understanding the limits of NAB's authority and the rights of individuals against wrongful detention. This ruling is crucial for legal practitioners and advocates working within the realms of accountability and criminal law, particularly those involved in cases concerning private individuals and public office. The keywords relevant to this case include 'National Accountability Bureau', 'jurisdiction', 'bail', 'private disputes', and 'criminal law'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS, ACTG. C.J.,
NASIR-UL-MULK, J
|
| Lawyers |
Nazar Akbar, Advocate Supreme Court,
Raja Abdul Ghafoor Advocate-on-Record,
Dr. Muhammad Asghar Rana, A. D.P.G. NAB
|
| Petitioners |
NADEEM MAJEED
|
| Respondents |
THE STATE and others
|
| Citations |
2007 SLD 1541,
2007 SCMR 1958
|
| Other Citations |
Zulfiqar Ali v. Chairman NAB PLD 2003 Lah. 593,
Kabir Khan v. The State 2003 YLR 1607,
State v. Nasim-ur-Rehman 2004 SCMR 1943
|
| Laws Involved |
National Accountability Ordinance, 1999,
Criminal Procedure Code, 1898,
Penal Code, 1860
|
| Sections |
18,
497,
408,
420
|