JAVED IQBAL MIRZA vs NATIONAL ACCOUNTABILITY BUREAU
This constitutional petition was filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, by the petitioner seeking protection from arrest upon his arrival in Pakistan to enable him to surrender before the Accountability Court in pending Reference No. 6 of 2006. The core legal question was whether protective bail or interim relief from arrest should be granted to an accused who went abroad and claimed ignorance of the filing of a reference against him. The Sindh High Court held that considering the overall facts and circumstances and the petitioner's willingness to face proceedings, he should be granted a limited time upon arrival to surrender. The court disposed of the petition by directing that upon his arrival within ten days, the petitioner shall surrender before the NAB Court within forty-eight hours, during which he shall not be arrested in connection with the reference, subject to furnishing surety and a personal recognizance bond. The key principle laid down is that protective relief may be extended to a returning accused to facilitate surrender and access to justice, conditional upon strict timelines and surety.
- Can a constitutional petition be filed seeking protection from arrest to enable surrender before an Accountability Court?
- Whether interim relief from arrest can be granted to an accused returning from abroad to face a pending reference?
- What are the conditions for granting a temporary protection against arrest pending surrender before a trial court?
- Article 199, Constitution of Islamic Republic of Pakistan 1973
ORDER
Petitioner has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, precisely, to seek protection of this Court from being arrested on his arrival in Pakistan, so that he may surrender before the Accountability Court, where Reference No,6 of 2006, presented on 9-5-2006, is pending against him.
2. At the outset, Mr. Raja Qureshi learned counsel for the petitioner has submitted that he will be satisfied with the disposal of this petition even if 2/3 days time is allowed to the petitioner after his arrival in Pakistan to surrender before the NAB Court and to face the pending proceedings in Reference No,6 of 2006 against him. Such request is opposed by Mr. Shafaat Nabi Sherwani, D.P.G.- A., NAB, mainly on the ground that the petitioner had left the country on 15-5-2006; after filing of reference by the respondent, thus, he deserves no concession in this regard.
3. In reply, Mr. Raja Qureshi has made reference to the Notification dated 20th March, 2006, granting Ex-Pakistan Leave to the petitioner from 15-5-2006 to 8-7-2006 to visit U.S.A. He further submitted that at the time when the petitioner had proceeded abroad, he was not at all aware about filing of reference dated 9-5-2006 before the Accountability Court. Therefore, refusal of interim relief to the petitioner on that ground would not be justified.
4. We have considered the submissions made by the learned counsel and perused the material placed on record. Looking to the over all facts and circumstances of the case and clear intention of the petitioner that he is'willing to surrender before the NAB Court as early as possible after his arrival in Pakistan, we dispose of this petition in the terms that on his arrival in Pakistan within ten
(10) days from the date of this order, the petitioner will surrender himself before the NAB Court within 48 hours and during such time he will not be arrested in connection with Reference No,6 of 2006. Such concession is extended to the petitioner on furnishing of surety in the sum of Rs,5,00,000 (Rupees five lacs only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
5. The petition stands disposed of along with listed application.
Cited by 3 cases
- Imran Ahmad Khan Niazi vs Syed Asim Ghaffar etc 2023 LHC 2608, PLJ 2024 Cr.C. 423
- Malik Azmat Ullah vs Federation of Pakistan through Secretary, Ministry of Interior and 10 others 2023 PCRLJ 290
- Mrs. Asma Alamgir vs Federation of Pakistan and others 2017 IHC 88