Constitutional mandate

Arrest of accused required under National Accountability Ordinance, 1999, can be made at three different stages in terms of proceedings: First stage is that if after receipt of any information as provided under S.18(b) of National Accountability Ordinance, 1999, Chairman NAB forms an opinion that reasonable complaint has been made or credible information has been received or reasonable suspicion exists that accused is involved in case cognizable under National Accountability Ordinance, 1999, then he may arrest accused person, provided that there is some inquiry or investigation, duly authorized by competent authority is pending against accused under National Accountability Ordinance, 1999, second stage of arrest is provided under S.18(e) of National Accountability Ordinance, 1999, where, Chairman NAB can make arrest of accused if conditions as mentioned in S.54, Cr.P.C. are fulfilled or if investigating officer conducting such inquiry or investigation requests for permission to arrest accused, then he can grant such permission of arrest of accused, however after examining grounds/reasons and incriminating material produced by investigating officer which may justify such permission of arrest and third stage is visualized under S.24(a) of National Accountability Ordinance, 1999, under which, if accused is neither arrested by Chairman NAB initially nor as provided under S.18(e) of National Accountability Ordinance, 1999, then Chairman NAB can direct that such accused person may be arrested, however before making arrest or issuing warrants of arrest or awarding permission to any investigating officer to arrest accused, Chairman NAB is required under law to first satisfy himself as to whether there is any tangible evidence or incriminating material available against accused connecting him with alleged offence cognizable under National Accountability Ordinance, 1999, and the conditions as detailed in S.54, Cr.P.C. are fulfilled

If Chairman NAB forms an opinion on the material placed before him, only then he can make arrest or permit investigating officer to make arrest of accused, otherwise an accused cannot be arrested on the basis of mere allegations or suspicion, in absence of sufficient incriminating material or evidence available with NAB authorities

Authority vested in Chairman NAB, to arrest accused at any stage of inquiry and investigation is neither absolute nor gives Chairman NAB unfettered powers to deprive a citizen of his inviolable right to liberty, which is to be safeguarded jealously, keeping in view the constitutional mandate under Art.10 of the Constitution.