2020 PLP 285 (SCMR)
GULAB KHAN — Petitioner Versus CHAIRMAN NAB and another — Respondents
| Citation | 2020 PLP 285 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam, Qazi Muhammad Amin Ahmed and Amin-ud-Din Khan, JJ |
| Parties | GULAB KHAN — Petitioner Versus CHAIRMAN NAB and another — Respondents |
| Primary Law | National Accountability Ordinance (XVIII of 1999) |
Q1: What are the key laws and sections cited in 2020 PLP 285 (SCMR)?
This judgment primarily cites: National Accountability Ordinance (XVIII of 1999) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 285 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam, Qazi Muhammad Amin Ahmed and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 285 (SCMR) (GULAB KHAN — Petitioner Versus CHAIRMAN NAB and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Anwar Tariq, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against judgment dated 4.10.2019 passed by High Court of Sindh at Karachi passed in C.P. D-182 of 2019)
S. 9
Corruption and corrupt practices
Accused, who was the Secretary of a Government Officers Cooperative Housing Society, was alleged to have made monetary gains after unauthorizedly providing commercial/residential plots to non-members after interpolating minutes of a meetings
Held, that except for the accused, all the co-accused, including those placed at a higher step than the accused, had been released on bail
Entire land had since been retrieved by the society, and the affected allottees had abandoned their claims
In such circumstances, culpability of accused, alongside his colleagues in the crime could be best settled after recording of evidence, during the trial, which was already in progress
Prosecution had not been able to point out any evidence suggestive of any aggravated role played by the accused in the scam, therefore he could not be treated differently than the co-accused already released on bail
Petition for leave to appeal was converted into appeal and allowed and accused was released on bail. Sittar Sahil, Special Prosecutor NAB, Hassan Akbar, Additional Prosecutor-General NAB with Jawaad Hassan, I.O./Deputy Director NAB for the NAB.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Ghulab Khan, petitioner herein, seeks admission to bail. As Secretary Karachi Port Trust Officers Cooperative Housing Society, he is accused alongside others in NAB Reference No.11 of 2018 for having unauthorizedly doled out commercial/residential plots to the non-members after interpolating minutes of the meetings; loss incurred by the society is estimated as 11.73 Billions. It is further alleged that he diverted the amounts so received to his own coffer. Having surrendered the plots as well as claims thereon, all the co-accused have since been released on bail by the High Court of Sindh. Considered distinguishly placed, he has been denied the concession vide impugned order dated 4.10.2019.
2. Learned counsel for the petitioner contends that notwithstanding the accusation, the petitioner, nonetheless, is identically placed and as such there was no occasion for the learned High Court to decline the request. It has been pointed out that allegation of petitioner having diverted funds into his own chest is not supported by evidence and, thus, the distinction vis-a-vis the co-accused is not sustainable. The learned Law Officer, while faithfully contesting the motion, nonetheless has fairly conceded absence of any evidence to suggest diversion of the sale proceeds.
3. Heard. Record perused.
4. It is admitted at all hands that barring the petitioner, all the co-accused, including those placed at a higher rung, have been released on bail. The entire land has since been retrieved by the society; the allottees had also abandoned their claims. In the above backdrop, petitioner's culpability, alongside his colleagues in the crime can be best settled after recording of evidence, during the trial already in progress. The learned Law Officer has not been able to point out evidence suggestive of any aggravated role played by the petitioner in the scam; he cannot be treated differently. Sauce for the goose is sauce for the gander. This petition is converted into appeal; allowed. Petitioner/ appellant shall be released on bail subject to his furnishing bond in the sum of Rs.One Million with one surety in the like amount to the satisfaction of the learned trial Court. MWA/G-9/SC Bail granted.