| Case ID |
453a2163-1b4a-4218-998a-1486a328a45a |
| Body |
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| Case Number |
W.P. No. 3197 of 2022 |
| Decision Date |
Nov 17, 2022 |
| Hearing Date |
Nov 17, 2022 |
| Decision |
The Lahore High Court allowed the petitions filed by Muhammad Alam Khilji and others, releasing them on bail. The court found that prior to the amendments in the National Accountability Ordinance, the petitioners were treated as accused of an offence defined in the Ordinance. However, due to the amendments, the alleged plundered amount was less than the threshold of five hundred million rupees, which meant that the petitioners no longer fell within the ambit of offenders under the Ordinance. The court highlighted the need for clarity in the law and emphasized that no person should be left without a remedy, especially when life and liberty are at stake. Consequently, the court set aside previous orders that denied bail and required the petitioners to furnish bail bonds for their release. |
| Summary |
In the case of W.P. No. 3197 of 2022, the Lahore High Court addressed significant issues surrounding the National Accountability Ordinance, 1999, particularly in light of recent amendments that altered the legal landscape regarding accountability in Pakistan. The petitioners, Muhammad Alam Khilji and others, had been detained under allegations of corruption, but the amendments introduced a critical threshold for what constituted an offence under the Ordinance. The court recognized that the petitioners' alleged offences fell below this threshold of five hundred million rupees, thus invalidating their status as accused under the law. The ruling underscored the importance of legal clarity and fair treatment in the justice system, ensuring that individuals are not left in prolonged custody without just cause. The decision to grant bail not only provided immediate relief to the petitioners but also set a precedent for future cases involving the application of the National Accountability Ordinance. This case highlights the ongoing challenges within Pakistan's legal framework regarding accountability and the protection of fundamental rights, particularly the right to liberty and due process. The court's decision is a reminder of the judiciary's role in safeguarding constitutional rights and ensuring justice is served. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Mirza Viqas Rauf,
Anwaar Hussain
|
| Lawyers |
M/s. Sardar Tariq Hussain,
Muhammad Zahid Mughal,
Mr. Khurram Masaud Kiyani,
Mr. Muhammad Sajid Khan Tanoli,
Mr. Jahanzeb Khan Bharwana,
Syed Waqar Naqvi,
Sardar Muzaffar Ahmed,
Hafiz Asad Ullah Awan,
Tariq Abbasi,
Husnain Khurshid,
Salman Akbar,
Muhammad Farrukh Hayat
|
| Petitioners |
MUHAMMAD ALAM KHILJI,
Muhammad Azam Alam,
Muhammad Nazim Alam,
Muhammad Asif Alam,
Ghulam Mehboob
|
| Respondents |
National Accountability Bureau,
JUDGE ACCOUNTABILITY COURT
|
| Citations |
2023 SLD 6970,
2023 PLJ 398
|
| Other Citations |
PLD 2001 SC 607
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
18(g),
24,
199
|