| Case ID |
5c9238f4-ccde-408d-ae3c-ea25d34882f8 |
| Body |
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| Case Number |
Constitutional Petitions Nos. D-5574, D-7099, D-71 |
| Decision Date |
Mar 06, 2019 |
| Hearing Date |
Feb 18, 2019 |
| Decision |
The Sindh High Court dismissed the constitutional petitions for post-arrest bail filed by the petitioners, who were involved in a significant corruption case causing a loss of approximately Rs. 5 billion to the state exchequer. The court found that the petitioners had not agreed unconditionally to repay the misappropriated amount and their plea to deposit this amount for bail was deemed invalid. The court emphasized that allowing such an arrangement would undermine the plea bargain provisions under the National Accountability Ordinance. The judges highlighted the necessity of strict adherence to anti-corruption laws, given the severe implications of corruption on the state economy. |
| Summary |
In the case of GULZAR ALI AND 3 OTHERS VS NATIONAL ACCOUNTABILITY BUREAU, the Sindh High Court addressed significant allegations of corruption involving the petitioners, who were accused of causing a massive financial loss to the state. The petitioners sought post-arrest bail, offering to deposit the amount alleged to have been misappropriated, but the court found that this plea was not sufficient to warrant bail. The ruling underscored the importance of the National Accountability Ordinance's provisions regarding plea bargains, stating that allowing the petitioners to hold money in trust pending trial would effectively nullify the need for a plea bargain. The court's decision reflects a robust stance against corruption, emphasizing the need for accountability and swift recovery of misappropriated funds. Keywords such as 'corruption case', 'bail petition', 'National Accountability Bureau', and 'Sindh High Court' are important for understanding the legal context and implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD KARIM KHAN AGHA
|
| Lawyers |
SHAUKAT HAYAT,
GUL FAREEN,
NASIR JAHANGIR,
RIFAT SHEIKH,
S.M. IQBAL,
K.A. VASWANI
|
| Petitioners |
GULZAR ALI,
SALMAN MANSOOR,
SYED NAVEED,
UMER SHAHZAD
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND OTHERS
|
| Citations |
2020 SLD 400,
2020 PLD 1
|
| Other Citations |
Mumtaz Ali (unreported) Supreme Court order dated 17.10.2018,
Asad Ahmad Khan (unreported),
Shamraiz Khan v. State 2000 SCMR 157,
Syed Muzafar Ali v. Chairman NAB 2016 PCr.LJ 1183,
Rai Mohammad Khan v. NAB 2017 SCMR 1152
|
| Laws Involved |
National Accountability Ordinance, 1999,
Pakistan Penal Code, 1860,
Prevention of Corruption Act, 1947,
Constitution of Pakistan, 1973
|
| Sections |
9(a)(b)(vi),
25(b),
109,
409,
467,
468,
471,
477A,
5(2),
199
|