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DR. ASIM HUSSAIN versus FEDERATION OF PAKISTAN

ection Section 9 (b) on the Institution of Pakistan, Article 199 - Constitutional Petition - Bail, Grant - Enforcement of Terms - The applicant was charged under the National Accountability Ordinance, 1999, which had to pass his passport and his surrender. The bail was entered into with the condition. The name was placed on the Exit Control List on petition ?? The plea taken by the applicant was that no conditions could be imposed on the order of bail - justification - when the bail was granted to the applicant. Considered it necessary to obtain a passport and place it on the \\ Exit Control List - place while bail guaranteed that it would provide a prescription of this type to obtain the accused's presence - Even the usual guarantee order has some terms between the lines - the surrender order should be placed on the passport and the name of the Exit Control List. Was found as a normal routine and is being followed in the case of guarantees relating to the case. The High Court refused to interfere with the bail order, because the order was unlawful y - the courts did not have to approve the mechanical orders and they were granted bail status, as well as their authenticity. Which would render satisfactory to the court that the exemption order in bail will not be misused. - Constitutional application dismissed in circumstances [pp. 675, 678] A&B

P L D 2017 Sindh 665 

Before Muhammad Junaid Ghaffar and Muhammad Humayuti Khan, JJ

Dr. ASIM HUSSAIN—Petitioner

versus

FEDERATION OF PAKISTAN through Secretary Interior and 3 others—Respondents

Constitutional Petition No.D-2229 of 2017, D-1696 of 2016 and D-7597 of 2015, decided on 5th June, 2017.

National Accountability Ordinance (XVIII of 1999)—

—S. 9 (b)—Constitution of Pakistan, Art. 199—Constitutional petition—Bail, grant of—Imposition of conditions—Petitioner was accused under National Accountability Ordinance, 1999, who was admitted to bail with a condition to surrender his passport and his name was placed on "Exit Control List"—Plea raised by petitioner was that no condition could be imposed in bail granting order—Validity— When bail was granted to petitioner, it was felt necessary by High Court to procure passport and to place his name on "Exit Control List"—Court while granting bail was duty bound to prescribe type of surety it needed for securing attendance of accused—Even a routine bail order contained certain conditions between the lines—Order of surrendering passport and placing name on "Exit Control List" was done as a practice and routine being followed in bail matter pertaining to NAB—High Court declined to interfere in bail granting order, there being illegality in the order—Courts were not required to pass mechanical orders and had to take into consideration the status of sureties, their validity as well as circumstances which would provide satisfaction to Court that order of concession of bail would not be misused—Constitutional petition was dismissed in circumstances. [pp. 675, 678] A & B

General (Retd.) Pervez Musharaf through Attorney v. Pakistan through Secretary Interior and others PLD 2014 Sindh 389; Federation of Pakistan through Secretary, M/O Interior v: General Pervez Musharraf and others PLD 2016 SC 570; Wajid Sharnas-uI-Hasan v. Federation of Pakistan through Secretary Ministry of Interior, Islamabad PLD 1997 Lah. 617; Saleem Akhtar v. Federation of Pakistan and another PLD 1999 Karachi 177; Sohail Latif and 2 others v. Federation of Pakistan through Secretary, Ministry of Interior, Government of Pakistan, Islamabad and 2 others PLD 2008 Lah. 341; Mian Ayaz Anwar v. Federation of Pakistan through Secretary Interior and 3 others PLD 2010 Lah. 230; Messrs Zurash Industries (Pvt.) Ltd. through Director and 4 others v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and 3 others PLD 2011 Kar. 385; Abdul Qayyum Khan v. Federal Government of Pakistan through Federal Secretary, Ministry of Interior and 2 others PLD 2009 Kar. 361; Arshad Sami Khan v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and 3 others 1998 MLD 490; Mirza Muhammad Iqbal Baig v. Federation of Pakistan and others 2006 YLR 2797; Mian Tahir Jahangir v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and another 2008 YLR 1857; Mian Munir Ahmed v. Federation of Pakistan and others 2008 YLR 1508; Ali Sheharyar v. The State 2008 SCMR 1448; Gulzar Hassan Shah v. Ghulam Murtaza and 4 others PLD 1970 SC 335; Muhammad Yaseem v. The State and another 2014 PCr.U 1179; Munawar Ali Sherazi v. Federation of Pakistan through Ministry of Interior, Government of Pakistan, Islamabad and 3 others PLD 1999 Lah. 459; Sikandar Hayat Khan and 4 others v. Government of Pakistan through Federal Secretary, Ministry of interior, Islamabad and 5 others PLD 2003 Pesh. 102; Rauf B. Kadri v. Federation of Pakistan and others 2007 YLR 560 Mahboob Ali Abro v. Ayyan Ali and others C.P. No.214/2016; Zuhair Siddiqui v. Chairman NAB C.P. No.D-214/2016; Civil Petitions Nos. 781 and 896 of 2016 and C.M.A. No. 1986 of 2016 in Civil Petition No.781 of 2016 along with Civil Petition No. 207-K of 2016; Habibullah Niazi v. Federation of Pakistan through Federal Secretary, Ministry of Interior, Pakistan Secretariat, Islamabad and 2 others PLD 2009 Karachi 243; Asif Kamal

v. Government of Pakistan and others 2916 YLR 177, Miss Naheed Khan v. Government of Pakistan and others PLD 1997 Kar. 513; Prime Minister Inspection Team National Highway Authority v. Zaheer Mirza and others 2011 SCMR 271 and Tariq Masood v. Director General, National Accountability Bureau, Lahore and another PLD 2012 Lah. 287 ref.

Muhammad Ayub v. Mst. Nasim Akhtar and another 1984 PCr.LJ 160 and Hakim Ali Zardari v. The State PLD 1998 SC 1 rel.

Sardar Mohammad Latif Khan Khosa, Anwar Mansoor Khan and Qadir Khan Mandhokhail for Petitioner in all 3 petitions.

Shaikh Liaquat Hussain, Asstt. Attorney General for Federation of Pakistan.

Qazi Mohammad Bashir, A AG and Asadullah Lashari, State Counsel for Government of Sindh.

Muhammad Altaf, Special Prosecutor for NAB.

Dates of hearing: 9th, 15th and 26th May, 2017.

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