| Case ID |
5cbea88c-9ee3-4dbb-87f4-e1360c9e1bc5 |
| Body |
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| Case Number |
Civil Petition No. 632 of 2018 |
| Decision Date |
Oct 01, 2018 |
| Hearing Date |
Oct 01, 2018 |
| Decision |
The Supreme Court of Pakistan delivered the judgment on Civil Petition No. 632 of 2018, where the petitioner, Tallat Ishaq, sought bail under the National Accountability Ordinance, 1999. The Court emphasized that bail could not be granted automatically due to delays in trial under Section 16(a), as it is directory in nature. The Court reiterated that the High Court has extraordinary jurisdiction to grant bail under Article 199 of the Constitution, but such discretion should not be exercised lightly. The decision highlighted that the trial's delay must be shocking, unconscionable, or inordinate for bail to be considered. The Supreme Court declined to interfere with the High Court's decision to deny bail, emphasizing the need for a fair trial process while maintaining the integrity of the judicial system. |
| Summary |
The case revolves around the interpretation of bail provisions under the National Accountability Ordinance, 1999, specifically focusing on Section 16(a) which mandates a trial to be concluded within thirty days. The Supreme Court of Pakistan clarified that while this provision aims for expedited trials, it does not automatically grant bail upon delays. The petitioner, Tallat Ishaq, was involved in allegations of corruption and sought bail under the extraordinary jurisdiction of the High Court. The Court underscored that bail applications must consider the merits of the case and any undue hardship caused by delays. This ruling is significant for future cases involving the National Accountability Bureau, reinforcing the need for judicial efficiency while ensuring accused individuals' rights are protected. The case sets a precedent for how delays in trials are assessed in the context of bail applications, emphasizing the importance of timely justice without compromising legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Accountability Bureau
|
| Judges |
ASIF SAEED KHAN KHOSA,
SH. AZMAT SAEED,
FAISAL ARAB,
JUSTICE MUNIB AKHTAR,
JUSTICE TALLAT ISHAQ
|
| Lawyers |
Syed Iftikhar Hussain Gillani,
Haider Ali
|
| Petitioners |
Tallat Ishaq
|
| Respondents |
National Accountability Bureau through Chairman
|
| Citations |
2019 SLD 776,
2019 PLD 112
|
| Other Citations |
Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division, Islamabad and others PLD 201 SC 607,
Muhammad Nadeem Anwar and another v. National Accountability Bureau and others (PLD 2008 SC 645),
Anwarul Haq Qureshi v. National Accountability Bureau and another (2008 SCMR 1135),
Aga Jehanzeb v. NAB and others 2005 SCMR 1666
|
| Laws Involved |
National Accountability Ordinance, 1999,
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
9(a)(b)(v),
16(a),
497,
199
|