| Case ID |
ed8d32c2-96c6-4c90-8b95-d22a7a55fb27 |
| Body |
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| Case Number |
W.P. No. 4576-P of 2020 |
| Decision Date |
Apr 27, 2021 |
| Hearing Date |
Apr 27, 2021 |
| Decision |
The Peshawar High Court granted pre-arrest bail to Muhammad Safdar, ruling that the issuance of a warrant for his arrest by the National Accountability Bureau (NAB) was tainted with mala fide intent. The court noted that the petitioner had cooperated with the NAB's investigation and had presented a substantial record justifying his assets. The court emphasized that it is the primary duty of the judiciary to protect citizens from arbitrary arrests, particularly when there is evidence of mala fide actions by the NAB. The petition was allowed, confirming the interim bail granted earlier, with a directive for the petitioner to continue cooperating with the ongoing inquiry. |
| Summary |
This case revolves around the petition filed by Muhammad Safdar seeking bail before arrest under Article 199 of the Constitution of Pakistan due to the issuance of an arrest warrant by the NAB for alleged corruption. The Peshawar High Court found that the NAB's actions exhibited mala fide intent, particularly given the political context surrounding the petitioner. The court underscored the importance of the presumption of innocence and the need for justice to prevent arbitrary detention. The decision reinforces legal protections for individuals facing investigations, particularly in politically sensitive cases, highlighting the need for fair treatment under the law. Key laws involved included the Criminal Procedure Code, the National Accountability Ordinance, and the Constitution of Pakistan. The ruling serves as a significant precedent in cases where allegations of political victimization are raised against the NAB's actions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL, JAN KHATTAK, JUSTICE,
SYED ARSHAD ALI, JUSTICE
|
| Lawyers |
Mr. Barrister Syed Mudasser Ameer,
Manzoor Khan Khalil,
Akhunzada Asad Iqbal,
Mr. Syed Azeem Dad,
Muhammad Ali,
Haider Ali
|
| Petitioners |
MUHAMMAD SAFDAR
|
| Respondents |
3 OTHERS,
CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU ISLAMABAD
|
| Citations |
2021 SLD 2017,
2021 PLJ 111
|
| Other Citations |
PLD 2020 SC 456
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973
|
| Sections |
498,
19,
199
|