| Case ID |
df9816de-10f6-4e5f-b413-e7284b046913 |
| Body |
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| Case Number |
C.P.No. D-3161, D-3162, D-3177 of 2013 |
| Decision Date |
Feb 06, 2014 |
| Hearing Date |
Dec 19, 2013 |
| Decision |
The Sindh High Court dismissed the petitions seeking quashment of NAB Reference Nos. 40, 41, and 44 of 2013 based on the argument that the references were filed without lawful authority. The court held that the filing of references by the Director General NAB was valid as the delegation of authority continued until expressly revoked. The court emphasized the necessity of compliance with Section 18(a) and 18(g) of the National Accountability Ordinance, highlighting the importance of the Chairman NAB's appraisal of evidence before filing references. The petitioners' argument that the references were void due to the absence of a Chairman NAB was rejected as the authority was deemed revived upon the appointment of a new Chairman. The court confirmed the bail of the petitioners, allowing them to cooperate with the investigation. |
| Summary |
The case involves a challenge to the references filed by the National Accountability Bureau (NAB) against the petitioners. The primary legal issue was whether the references were validly filed in the absence of a Chairman NAB. The Sindh High Court ruled that the references could proceed as the authority delegated by the Chairman NAB remained effective until revoked. The court underscored the critical role of the Chairman in appraising evidence before any legal proceedings are initiated under the National Accountability Ordinance, 1999. This ruling is significant in understanding the procedural safeguards in accountability cases and the delegation of powers within NAB. The decision also reiterates the importance of the statutory framework governing accountability proceedings, ensuring that due process is upheld while maintaining the integrity of the judicial process. The court's decision to confirm bail reflects a balanced approach to the rights of the accused while ensuring compliance with legal obligations. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL ACCOUNTABILITY BUREAU,
Director-General NAB
|
| Judges |
SAJJAD ALI SHAH,
SALAHUDDIN PANHWAR
|
| Lawyers |
Khawaja Shams-ul-Islam,
Noor Muhammad Dayo,
Dilawar Hussain,
Habibullah Khan
|
| Petitioners |
another,
Syed ADNAN RASHEED
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU through Director-General, NAB, Sindh
|
| Citations |
2014 SLD 88,
2014 PLD 334
|
| Other Citations |
Ch. Nisar Ali Khan v. Federation of Pakistan PLD 2013 SC 568,
Bank of Punjab v. Haris Steel PLD 2010 SC 1109,
Haji Kabir Khan v. The State 2003 YLR 1607,
The State v. Fazal Ahmed and others 2014 PCr.LJ 758,
Ghulam Shabbir v. The State, Const. Petition No.D-2898 of 2001
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
18(a),
18(g)
|