Unauthorized investigation

2017 PLD 243 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9(b), 18 & 24Bail, grant ofUnauthorized investigationDelay in conclusion of trial

Accused were arrested by NAB after they completed 90 days physical remand with Pakistan Rangers in an Anti-Terrorism case

Accused had been in the custody for more than one year and trial was not concluded

Effect

Prosecution failed to produce any lawful authorization of inquiry and investigation by competent authority in respect of allegations as contained in investigation report and reference filed before Accountability Court

No sufficient incriminating material specifying role of petitioners relating to allegations of misuse of authority and corruption or benefit derived by accused or extended to the beneficiary were produced by NAB

In spite of considerable lapse of time i.e. more than a year since arrest of accused persons, trial had not yet commenced before Accountability Court nor even charge was framed

Inordinate delay had taken place in trial which could not be attributed to accused persons and such delay was not explained by prosecution

Inordinate delay in trial while keeping accused persons behind bars as punishment was contrary to the spirit of National Accountability Ordinance, 1999, which required expeditious decision in the matters relating to NAB

Accused person who were behind the bar for more than a year, whereas co-accused persons were granted ad-interim pre-arrest bail in the same reference

Bail was granted to accused in circumstances.