MUSHTAQ A. QAISAR vs State Preamble, Ss — 2022 YLRN 127 KARACHI-HIGH-COURT-SINDH

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MUSHTAQ A. QAISAR VS State Preamble, Ss. 9 & 16---Constitution of Pakistan, Arts. 199 & 10-A--Constitutional petition---Corruption and corrupt practices---Bail, grant of---Delay in conclusion of trial---Hardship grounds---Trial of offences---Right to fair trial---Vacancy of the office of Judge Accountability Court---Effect---Accused persons sought post-arrest bail on the ground of delay in conclusion of trial---Accused persons had been in custody for 2 years and 4 months and 2 years and 7 months respectively---Progress report from the Trial Court revealed that no delay was caused by either of the accused persons or counsel acting on their behalf---Only two out of the proposed 72 prosecution witnesses had given evidence---Accountability Court had been vacant for over 5 months and the delay in filling the vacant posts squarely fell on the shoulders of the Federal Government, who instead of ensuring the right to expeditious trial under Art.10-A of the Constitution and as per the Preamble to the National Accountability Ordinance, 1999 and S.16(a) of National Accountability Ordinance, 1999 for reasons best known to itself seemed to be unreasonably delaying the appointment of Accountability Court Judges---Tallat Ishaq's case [PLD 2019 SC 112] had made the grant of bail more stringent on hardship grounds but it had not excluded same and it was allowed in exceptional circumstances at the discretion of the court---Accused persons had made out a case for grant of bail on hardship grounds, which was accordingly granted.

MUSHTAQ A. QAISAR vs State Preamble, Ss — 2022 YLRN 127 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported