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ALAMDAR HUSSAIN versus NATIONAL ACCOUNTABILITY BUREAU

ection Section 9 (b) Failure - The accused cannot be released at the mercy of the investigating agency so that he may be charged with a particular crime against him and investigate the matter. - The High Court has ample powers, even after examining the available records and deciding on a bail application. Under this the investigating agency is trying to become the focus of the prime minister's attention in the case of this case. [P 482] A

PLD 2017 Lahore 479

Before Muhammad Qasim Khan and Sardar Muhammad Sarfraz Dogar, JJ

ALAMDAR HUSSAIN—Petitioner

versus

NATIONAL ACCOUNTABILITY BUREAU through Chairman and others—Respondents

Writ Petition No.5948 of 2016, decided on 19th December, 2016.

(a) National Accountability Ordinance (XVIII of 1999)—

—S. 9(b)- Fail—Accused cannot be left at the mercy of investigating agency to establish charge of a particular offence against him and to investigate the matter—High Court has ample jurisdiction while deciding bail application after examining available record whether any particular offence under which investigating agency is trying to arrest accused prime facie attracts in circumstances of the case or not. [p. 482] A

(b) National Accountability Ordinance (XVIII of 1999)—

—S. 3—Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.4—Overriding effect of Financial Institutions (Recovery of Finances) Ordinance, 2001—Scope—Financial

Institutions (Recovery of Finances) Ordinance, 2001 is not only a special law but same being also later in time prevails over provisions of National Accountability ordinance, 1999—To deal with dispute inter se Bank and Customer, Financial Institutions (Recovery of Finances) Ordinance, 2001 has its own comprehensive mechanism to deal with, [p. 485] B

Apollo Textile Mills Ltd. and others v. Soneri Bank Ltd. PLD 2012 SC 268 and Mahmood Khan Achakzai and others v. Federation of Pakistan and others PLD 1997 SC 426 rel.

(c) Lenity, rule of—

—Scope—Where accused can be tried or punished under two different statutes then 9Rules of Lenity9 (a rule of construction of statutes that criminal statute ambiguities are resolved in favour of defendant or accused) would also attract in favour cf accused person. [p. 486] C

(d) Administration of justice—

-—When law requires a thing to be done in a specific manner, it must be done in that way or not at all. Ip. 488] D

Raheel Rashid v. National Accountability Bureau, Islamabad through Chairman and 2 others PLD 2005 Lah. 692 rel.

(e) National Accountability Ordinance (XVIII of 1999)—

—Ss. 3, 9(b) & 31-D—Financial Institutions (Recovery of Finances) Ordinance (XLV1 of 2001), S. 4—Pre-arrest bail, confirmation of— Suit for recovery of finance—Wilful default—Petitioner was accused in a reference by National Accountability Bureau on complaint of Bank— Complainant Bank had earlier instituted recovery suit but later also invoked jurisdiction of National Accountability Ordinance, 1999—Plea raised by accused was that provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001 had overriding effect in cases of such wilful default—Validity—National Accountability Bureau did not have authority in the matter and their actions against petitioner led to an inference of mala fide on their part—Finance facility subject matter of National Accountability Bureau reference was duly secured against adequate collateral in addition to other documents—Bank had not claimed that documents prepared for sanction of loan were bogus; property subject matter of mortgage was non-existent; such property was not in specific ownership of petitioner or that the same was already under some encumbrance—Despite such clear position, without touching factual aspects of allegations against customer, action of complainant Bank in filing complaint before National Accountability Bureau and further proceedings by National Accountability Bureau under National Accountability Ordinance, 1999, including attempted arrest of the customer per force of National Accountability Ordinance, 1999, was indicator of mala fide on part of complainant as well as National Accountability Bureau—Pre-arrest bail was confirmed in circumstances, [p. 488] E

Muhammad Asif Nawaz v. ASJ and others (2014 PCr.U 1 = 2014 CLD 45; Abid Mahmood Malik v. Station House Officer, Police Station Margalla and others 2013 CLD 508; Muhammad Iqbal v. Station House Officer, Police Station Hajipura, Sialkot and 2 others PLD 2009 Lah. 541; Suo Motu No. 10 of 2015 out of Civil Petitions Nos. 1377 and 1378 of 2015 ref.

Muhammad Amjad Pervaiz, Muhammad Nawaz Chaudhry, Sultan Mehmood Khan and Anwaar Hussain along With the Petitioner.

Syed Faisal Raza Bokhari, Special Prosecutor for NAB with Muhammad Ramzan Khan, Deputy Director/I.O.

Nadeem Siddiqui for Bank of Punjab.

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