PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Citation Name: 2023 PCrLJ 1185 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALAM KHILJI vs JUDGE ACCOUNTABILITY COURT arts — 2023 PCrLJ 1185 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJ 1185 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PCRLJ
Parties
Citation Name: 2023 PCrLJ 1185 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALAM KHILJI vs JUDGE ACCOUNTABILITY COURT arts
Subject matter
Criminal
Provisions referred to
S. 5; S. 167; S. 344; Criminal Procedure Code (V of 1898); 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

Citation Name: 2023 PCrLJ 1185 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALAM KHILJI VS JUDGE ACCOUNTABILITY COURT arts. 9 & 10---Security of person---Safeguards as to arrest and detention---Scope---Life and liberty are two of the cardinal fundamental rights guaranteed by the Constitution---article 9 guarantees security of a person and art. 10 provides safeguards as to arrest and detention. Your Search returned total 35531 records from 17900 - 17950 Citation Name: 2023 PCrLJ 1185 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ALAM KHILJI VS JUDGE ACCOUNTABILITY COURT Ss. 5(o), 5(s) & 9---Criminal Procedure Code (V of 1898), Ss. 167 & 344---Corruption and corrupt practices---"Offence"---"Public at large"---Jurisdiction of Accountability Court---Scope---Bail, grant of---Petitioners were taken into custody by the National Accountability Bureau on the ground that they had committed an offense as defined in the National Accountability Ordinance, 1999---While facing trial, the petitioners remained in judicial custody---In the meantime, an amendment was introduced in the National Accountability Ordinance, 1999, which removed the petitioners from the jurisdiction of the Accountability Court---Accountability Court refused to exercise jurisdiction in the matter and directed the Bureau to produce the petitioners before the competent forum in time---Validity---Amendment in subsections (o) & (s) of S. 5 of the National Accountability Ordinance, 1999, had removed the petitioners from the category of offenders under the Ordinance, as the alleged plundered amount was less than five hundred million rupees---Custody of the petitioners could be regulated in accordance with the mandate of S. 167 read with S. 344 of the Cr.P.C., but it would serve only a limited purpose of regulating the custody of the accused---It would not address the question of under which offense the accused had been kept in custody for an indefinite and unbridled period---No person could be left without remedy in any circumstance, especially when life and liberty were at stake---Constitutional petitions were allowed, the impugned orders were set aside, and the petitioners were released on bail.

Other judgments reported in 2023 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English