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SHAFFAT IBRAHIM KHAN vs CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU S — 2024 PCrLJ 539 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PCrLJ 539 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PCRLJ
Parties
SHAFFAT IBRAHIM KHAN vs CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU S
Subject matter
Criminal
Provisions referred to
S. 23---C; S. 23; S. 32---C; S. 417---A; National Accountability Ordinance; Criminal Procedure Code (V of 1898)

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

SHAFFAT IBRAHIM KHAN VS CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU S. 23---Constitution of Pakistan, Arts. 23, 24 & 199---Constitutional petition---Property rights---Transfer after acquittal---Petitioner purchased property in question after acquittal of accused---Petitioner assailed restriction imposed by authorities on transfer of property in question in his name---Validity---There was no legal impediment in the way to seek removal of any restriction placed on the property purchased by petitioner from an accused, who succeeded in earning an acquittal from Trial Court and that was maintained by High Court in appeal---When final judgment in Trial Court was announced, restriction under S. 23 of National Accountability Ordinance, 1999, had come to an end and become inoperative---Acquitted accused was free to transfer property in question in exercise of his rights guaranteed by Arts. 23 & 24 of the Constitution---High Court declined to refuse a relief to petitioner in absence of any order passed by Supreme Court restricting transfer of property, merely on the assertion that NAB had filed petition for leave to appeal---High Court directed respondent to remove restriction placed on property in question, enter name of petitioner in his official record and provide him a copy of GLR in accordance with law---Constitutional petition was allowed accordingly. Citation Name: 2024 PCrLJ 539 LAHORE-HIGH-COURT-LAHORE SHAFFAT IBRAHIM KHAN VS CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU S. 32---Criminal Procedure Code (V of 1898), S. 417---Appeal against acquittal---Principle---Acquittal carries double presumption of innocence and the same can be reversed only when found blatantly perverse, illegal, arbitrary, capricious or speculative, shocking or reflected impossibility.

Other judgments reported in 2024 PCRLJ

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