| Case ID |
38fa0ae6-8f05-42bd-a6b1-e31663120f33 |
| Body |
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| Case Number |
Constitution Petitions Nos. 501 and 504 of 2014 |
| Decision Date |
Jan 12, 2015 |
| Hearing Date |
Dec 18, 2014 |
| Decision |
The court dismissed the petitions for pre-arrest bail filed under Article 199 of the Constitution, as the petitioners were found to have sufficient grounds against them. The court ruled that the closure of investigation does not equate to an acquittal or termination of investigation, allowing for re-initiation when warranted by new evidence. The allegations of double jeopardy were deemed unfounded because the petitioners had not been charged or prosecuted previously. The court emphasized the need for thorough investigation and upheld the prosecutorial powers of the NAB, asserting that the petitioners failed to demonstrate that their arrest was being sought for ulterior motives. Therefore, the petitions were dismissed, and the ad interim bail was recalled. |
| Summary |
In this significant ruling by the Balochistan High Court, the court addressed key issues surrounding the National Accountability Ordinance, 1999, particularly regarding the legality of re-initiating investigations after closure. The case involved the petitioners, Ali Muhammad Baloch and others, who sought pre-arrest bail in response to allegations of misconduct related to land allotments overseen by local governmental bodies. The court examined the principles of double jeopardy and the rights enshrined in the Constitution of Pakistan, particularly Article 13, which protects individuals from being prosecuted more than once for the same offense. Ultimately, the court found that the petitioners could not substantiate claims of mala fides against the NAB officials nor prove that their prosecution was politically motivated. This decision reinforces the authority of the NAB to pursue investigations even after prior closures, reflecting the court's commitment to upholding the rule of law and accountability in public office. Keywords such as 'National Accountability Ordinance', 'double jeopardy', 'pre-arrest bail', and 'constitutional rights' are pivotal in understanding the implications of this case for future legal proceedings. |
| Court |
Balochistan High Court
|
| Entities Involved |
National Accountability Bureau,
Quetta Development Authority,
Quetta Municipal Corporation
|
| Judges |
MUHAMMAD NOOR MESKANZAI, C.J.,
MUHAMMAD KAMRAN KHAN MULAKHAIL, J
|
| Lawyers |
H. Shakil Ahmed,
Muhammad Afzal,
Amir Zaman Jogezai,
Baz Muhammad Kakar
|
| Petitioners |
others,
ALI MUHAMMAD BALOCH
|
| Respondents |
others,
The STATE through D.P.G. NAB
|
| Citations |
2015 SLD 687,
2015 YLR 666
|
| Other Citations |
Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607,
Tariq Javed Khan v. The State PLD 2002 Lah. 607,
The State v. Haji Kabeer Khan PLD 2005 SC 364,
Rana Muhammad Arshad v. Muhammad Rafique PLD 2009 SC 427
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
9(c),
31B,
13,
63,
156,
403,
497,
498
|