| Case ID |
dfd89c9f-87d6-4b2e-92b0-8032abdedb6a |
| Body |
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| Case Number |
Civil Petitions Nos. 302, 579 and 580 of 2019 |
| Decision Date |
Nov 27, 2019 |
| Hearing Date |
Nov 27, 2019 |
| Decision |
The Supreme Court of Pakistan granted bail to Muhammad Jawed Hanif Khan, who had been in custody since July 30, 2018, for his alleged role in the illegal appointment of stipend employees at Karachi Port Trust. The Court emphasized that compliance with void or illegal orders cannot be considered a valid defense for civil servants, who must prioritize their responsibilities to the Republic over directives from superiors. The Court also noted that the Accountability Court must assess the evidence to determine culpability. The decision to grant bail was based on the principle of consistency, given that co-accused had received similar relief, and the necessity to conclude the trial promptly. |
| Summary |
This case involves Muhammad Jawed Hanif Khan, who sought bail from the Supreme Court of Pakistan while facing charges under the National Accountability Ordinance of 1999. The allegations stem from his tenure as Chairman of the Karachi Port Trust, where he allegedly facilitated the illegal appointment of 940 stipend employees, costing the public exchequer substantial funds. The case highlights the legal responsibilities of civil servants and the implications of following superiors' orders that may be void or illegal. The ruling underscores that bail can be granted based on the principle of consistency and the necessity for a speedy trial. The Supreme Court's decision reiterates the importance of maintaining independence among civil servants and the need for judicial scrutiny of prosecutorial claims. Key legal terms such as 'bail', 'corruption', and 'public exchequer' are pivotal in understanding the legal framework surrounding this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Accountability Bureau,
Karachi Port Trust
|
| Judges |
MUSHIR ALAM,
QAZI MUHAMMAD AMIN AHMED,
AMIN-UD-DIN KHAN
|
| Lawyers |
Munir A. Malik,
Muhammad Kassim Mirjat,
Khaleeq Ahmad,
S.M. Iqbal,
Sittar Sahil,
Ausaf Talpur
|
| Petitioners |
Muhammad Jawed Hanif Khan
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU SINDH
|
| Citations |
2020 SLD 496,
2020 PLC 195
|
| Other Citations |
Not available
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
9
|