2007 P Cr (PLP)
JAVED IQBAL MIRZA — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU — Respondent
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | JAVED IQBAL MIRZA — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 P Cr (PLP) (JAVED IQBAL MIRZA — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Qureshi for Petitioner.
- Shafaat Nabi Sherwani, D.P.G.-A., NAB for Respondent.
Headnotes / Summary
S. 498
National Accountability Ordinance (XVIII of 1999), Ss.9/10, Constitution of Pakistan (1973), Art.199
Constitutional petition
Protective bail
Accused presently in America had sought protection of High Court from being arrested on his arrival in Pakistan, to enable him to surrender before the Accountability Court where a Reference was pending against him
In view of the over all facts and circumstances of the case and clear intention of the accused to surrender before the NAB Court as early as possible, it was directed that on his arrival in Pakistan within ten days from the date of present order, he would surrender himself before the NAB Court within 48 hours and during such time he would not be arrested in connection with the said Reference
Constitutional petition was disposed of accordingly.
Judgment & Decree
Petitioner has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, precisely, to seek protection of this Court from being arrested on his arrival in Pakistan, so that he may surrender before the Accountability Court, where Reference No.6 of 2006, presented on 9-5-2006, is pending against him.
2. At the outset, Mr. Raja Qureshi learned counsel for the petitioner has submitted that he will be satisfied with the disposal of this petition even if 2/3 days time is allowed to the petitioner after his arrival in Pakistan to surrender before the NAB Court and to face the pending proceedings in Reference No.6 of 2006 against him. Such request is opposed by Mr. Shafaat Nabi Sherwani, D.P.G.-A., NAB, mainly on the ground that the petitioner had left the country on 15-5-2006, after filing of reference by the respondent, thus, he deserves no concession in this regard.
3. In reply, Mr. Raja Qureshi has made reference to the Notification dated 20th March, 2006, granting Ex-Pakistan Leave to the petitioner from 15-5-2006 to 8-7-2006 to visit U.S.A. He further submitted that at the time when the petitioner had proceeded abroad, he was not at all aware about filing of reference dated 9-5-2006 before the Accountability Court. Therefore, refusal of interim relief to the petitioner on that ground would not be justified.
4. We have considered the submissions made by the learned counsel and perused the material placed on record. Looking to the over all facts and circumstances of the case and clear intention of the petitioner that he is willing to surrender before the NAB Court as early as possible after his arrival in Pakistan, we dispose of this petition in the terms that on his arrival in Pakistan within ten (10) days from the date of this order, the petitioner will surrender himself before the NAB Court within 48 hours and during such time he will not be arrested in connection with Reference No.6 of 2006. Such concession is extended to the petitioner on furnishing of surety in the sum of Rs.5,00,000 (Rupees five lacs only) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.
5. The petition stands disposed of along with listed application. N.H.Q./J-4/K Petition allowed.