SHAH RUKH JAMAL vs NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD S — 2022 PLD 1 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SHAH RUKH JAMAL VS NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD S. 12---Freezing of property---Powers, exercise of---Term 'reasonable grounds for believing'---Applicability---Such power is discretionary in nature and it can either be exercised by Chairman or Court trying any offence under National Accountability Ordinance, 1999---Power of Court has nexus with trial against accused while Chairman of the Bureau is empowered to order freezing of a property at any time---Legislature has circumscribed the power by prescribing certain mandatory statutory safeguards---Required standard prescribed for justifying interference with right to property for Chairman or Court, as the case may be, to satisfy test of having 'reasonable grounds for believing' that accused has committed an offence under National Accountability Ordinance, 1999---'Reasonable grounds for believing' has reference to required evidentiary threshold---Such is legal standard and it has to be met as a precondition before exercising intrusive power under S.12 of National Accountability Ordinance, 1999---'Reasonable grounds' is must which manifests existence of certain essential facts, it essentially refers to existence of such facts and circumstances which would lead a reasonable prudent person to form a belief---Such belief would be relatable to the property being, directly or indirectly, owned and controlled by accused and the latter having committed one of the offences described under S.9 of National Accountability Ordinance, 1999---Requisite standard is higher than a reasonable suspicion but less than 'on balance of probabilities', which is distinct from conjecture, speculation or suspicion---Required standard is far less than proving something beyond a reasonable doubt---Threshold required for reasonable person to conclude and be satisfied on the basis of sufficient material to conclude deprivation of or interference with right to own, hold or control property.

SHAH RUKH JAMAL vs NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD S — 2022 PLD 1 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2022 PLD