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FAQIR DAD KHAN KHOSO vs NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 SCMR 1612 SUPREME-COURT

Case information

Citation
2022 SCMR 1612 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
FAQIR DAD KHAN KHOSO vs NATIONAL ACCOUNTABILITY BUREAU Ss
Subject matter
Criminal
Provisions referred to
National Accountability Ordinance (XVIII of 1999); National Accountability Ordinance

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

Judgment text as reported

FAQIR DAD KHAN KHOSO VS NATIONAL ACCOUNTABILITY BUREAU Ss. 497 & 498---National Accountability Ordinance (XVIII of 1999), Ss. 9 & 24(a)---Constitution of Pakistan, Art. 185(3)---Corruption and corrupt practices---Bail, grant/confirmation of---Many co-accused persons whose role was prima facie worse than the present accused persons, had not even been arrested, thus the accused persons could not be treated differently---Question as to why such pick and choose and what underlay this duality was not intelligible---Special Prosecutor NAB could also not provide a satisfactory answer as to the intelligible differentia justifying the classification between the arrested and those left at large---Although the role of the accused persons prima facie appeared to be culpable and they must face its consequences but not at present stage when many others similarly placed persons were at large---Supreme Court observed that while exercising its discretionary jurisdiction it would not like to pass an order perpetuating a classification which prima face did not appear to be based on an intelligible differentia notwithstanding the provision contained in section 24(a) of the National Accountability Ordinance, 1999---Petitions for leave to appeal were converted into appeals and allowed, and ad-interim bail of some of the accused persons were confirmed, while other accused persons were granted post-arrest bail. Head NotesCase Description

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