| Case ID |
d7f96741-84ef-403a-bc95-b02edcc02d6d |
| Body |
View case body. Login to View |
| Case Number |
D-1154 of 2008 |
| Decision Date |
Jun 20, 2008 |
| Hearing Date |
|
| Decision |
The court dismissed the petition for bail before arrest, concluding that the petitioner failed to demonstrate any mala fide intent from the NAB in the inquiry against him. The court noted that the petitioner, a former District Officer, was involved in an inquiry regarding the sale of government land but had not presented himself before the Enquiry Officer, which led to delays. The judges highlighted that since no formal notice under the relevant sections of the National Accountability Ordinance had been issued, the petition did not warrant consideration. The petitioner was reminded of his right to appear and defend himself, and the interim pre-arrest bail was recalled due to the misuse of the concession of bail. |
| Summary |
This case revolves around a constitutional petition filed by Ghulam Qamber Panhwar seeking pre-arrest bail amid an inquiry initiated by the National Accountability Bureau (NAB) concerning the sale of government land. The petitioner argued that he faced threats of arrest despite not being formally charged, claiming innocence and asserting that the inquiry was more relevant to others involved rather than himself. The court emphasized the lack of any evidence of mala fide action from NAB and noted that the inquiry proceedings could not be disturbed without proper cause. The judges underscored the importance of the petitioner appearing in the inquiry to clarify his position. The decision ultimately reflects key legal principles surrounding bail, accountability, and the responsibilities of individuals under investigation. Keywords such as 'bail before arrest', 'National Accountability Bureau', and 'constitutional petition' are vital for understanding the context and implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
DR. RANA MUHAMMAD SHAMIM,
JUSTICE GHULAM DASTIGIR A. SHAHANI
|
| Lawyers |
Raza Hashmi,
Ch. Muhammad Iqbal
|
| Petitioners |
GHULAM QAMBER PANHWAR
|
| Respondents |
THE STATE THROUGH NATIONAL ACCOUNTABILITY
|
| Citations |
2009 SLD 747 = 2009 MLD 161
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
497,
199,
9,
10,
18,
19
|