MUHAMMAD SAFDAR vs CHAIRMAN NAB Ss — 2022 PCrLJ 101 PESHAWAR-HIGH-COURT

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MUHAMMAD SAFDAR VS CHAIRMAN NAB Ss. 9(a)(v) & 9(b)---Constitution of Pakistan, Art. 199---Pre-arrest bail, grant of---Mala fide---Presumption of innocence--- Petitioner was accused of holding assets beyond known sources of his income---Plea raised by petitioner was despite repeated appearances, National Accountability Bureau (NAB) had been calling him time and again due to mala fide reasons---Validity---High Court while exercising its Constitutional jurisdiction was to see whether or not there was anymala fide on the part of NAB authorities to arrest accused and whether or not a prima facie case for grant of extra ordinary concession of admitting him to bail before arrest was made out---If Constitutional Court in the light of record had reached to the conclusion that mala fide was reflected from intended NAB's move to arrest accused and latter also succeeded in setting up a prima facie case in his favour then in such like situation, it was primary duty and legal obligation of Court to grant relief to the citizen so that he could be protected from unjust and arbitrary arrest---If despite element of mala fide on the part of NAB to nab accused, the latter was not admitted to bail before arrest and allowed to be grilled by the former's investigators for maximum period of 90 days by putting him behind the bars then centuries old jurisprudence developed by Courts of law regarding presumption of innocence of accused unless proven guilty would die down and would be meaningless---In response to various call up notices, petitioner appeared before Combined Investigation Team and presented before it his point of view regarding allegations pertaining to accumulation of assets beyond his known sources of income---Reply so submitted by petitioner to Combined Investigation Team was documented one and it would be seen by the relevant forum whether plea of accused and his defence was correct or otherwise---Petitioner had prima facie answered through documents all queries of NAB put to him through numerous call up notices---Apart from responding to NAB's queries through various documents, he was regularly attending High Court and did not misuse his interim order whereby ad-interim bail before arrest was granted to him which aspect could not be overlooked while deciding bail application--- Bail was allowed, in circumstances. Head NotesCase Description

MUHAMMAD SAFDAR vs CHAIRMAN NAB Ss — 2022 PCrLJ 101 PESHAWAR-HIGH-COURT

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