YACOOB SUTTAR vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior Ss

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YACOOB SUTTAR VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior Ss. 9(a)(vi) & 9(b)--- Constitution of Pakistan, Art. 199---Constitutional petition---Pre-arrest bail, grant of---Mala fide---Proof---Second reference---Loss caused due to business market---One of the petitioners was ex-minister and remaining were senior officials who were alleged to have misused their authority in appointing officials on high salaries to introduce Liquefied Natural Gas (LNG) into Pakistan State Oil (PSO)---Validity---Petitioner was an out spoken critic and opponent of current Federal Government---Another reference was already filed against petitioner at place "I" in which he was imprisoned for 7 months before he was granted bail and thereafter second reference was filed---Mala fides on the part of National Accountability Bureau (NAB) could not be ruled out in order to put political pressure on petitioner to stay mum and keep him incarcerated---Evidence against petitioner and other accused persons was prima facie not strong--- Mala fide was very hard to prove and it could be inferred from facts and circumstances of the case---Reference was largely based on documents which were in possession of NAB and could not be interfered with by accused persons---Question of loss if at all was occurred to State in appointing co-accused persons and PSO entering into LNG market was its business/policy decision---Loss if any could not be on account of corruption but for other factors such as a weak international market etc.---Accused persons cooperated throughout investigation and were no longer needed for investigative purposes---Bail could not be used as a punishment and by placing names of petitioners on Exit Control List threat of their absconsion would be removed--- Pre-arrest bail was allowed, in circumstances.

YACOOB SUTTAR vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior Ss — 2022 PCrLJ 1196 KARACHI-HIGH-COURT-SINDH

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