SAEED HASSAN vs NATIONAL ACCOUNTABILITY BUREAU S — 2022 PCrLJ 815 KARACHI-HIGH-COURT-SINDH

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SAEED HASSAN VS NATIONAL ACCOUNTABILITY BUREAU S. 9(c)--- Constitution of Pakistan, Art. 199---Constitutional petition---Closure of investigation---Mala fide of investigating officer---Proof---Investigation against petitioner was closed by National Accountability Bureau (NAB) but Trial Court declined to affirm its report---Validity---Against conclusion of NAB, nothing was available on record to take a reverse view and agree with order passed by Trial Court---Opinion reached by investigating officer and endorsed by Regional Board Meeting was an outcome of a long toil aimed at ferreting out incriminating material against petitioner but without a result---Even in already held investigations and inquiries on complaints before other forums including Anti-Corruption Establishment, no proof regarding allegations against petitioner was found and he was exonerated---Trial Court reversed the opinion of investigating officer upholding innocence of petitioner, hypothesizing mala fide on his part and his failure to take into account the complaints of affectees---Mala fide by investigating officer could only be alluded and taken as a ground for disagreeing with his report when material available emphatically pointed out to evidence connecting the accused with crime and when on a look at the material no other opinion except the one endorsing involvement of accused in crime was possible---No material to show nexus of petitioner with allegations or evidence that investigating officer deliberately out of mala fide had overlooked such material which was available---Land in question was still with government and things as they stood Sind Building Control Authority had no jurisdiction to grant approval for alteration or making addition in government buildings---Reinvestigation was not going to alter such reality or even bring forth new evidence in such regard---High Court set aside the order passed by Trial Court and confirmed findings of investigating officer---Constitutional petition was allowed accordingly.

SAEED HASSAN vs NATIONAL ACCOUNTABILITY BUREAU S — 2022 PCrLJ 815 KARACHI-HIGH-COURT-SINDH

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