Sindh High Court (SHC) on Monday directed Attorney General of Pakistan, NAB Prosecutor General and others to submit replies about the powers of trial court to grant bail to the accused in corruption cases. A two-member bench of the SHC headed by Justice Iqbal Kalhoro issued these directives in a petition related to NAB law especially the lack of powers of trial court to issue bail to the accused. Under NAB law, trial court is not empowered to grant bail to the accused in corruption cases.
The court sought the replies from the respondent ie. federal government, National Accountability Bureau (NAB) Chairman and others in the next hearing of the petition. Petitioner Shah Khan moved the court against NAB law, which didn't give powers to trial court to issue bail as only high court the competent court of law to grant bail to accused in corruption cases.
The petitioner submitted that non-empowering trial court to grant bail is tantamount to depriving the accused from its basic fundamental rights. The petitioner pleaded the court to order parliament to legislate amendment in NAB law, which is in direct contravention to the fundamental rights of the citizens.
Justice Iqbal Kalhoro remarked how the court can order the parliament to legislate, at which the petitioner said that sitting Chief Justice of Pakistan in an order of the case asked parliament to legislate on it.
Justice Kalhoro observed that when Supreme Court can't issue orders to parliament, then how a high court could do such thing. However, the court can summon the replies from the respondents, Justice Iqbal said.
The court ordered Attorney General, NAB Prosecutor and others to submit their replies in the next hearing of the petition. Meanwhile, the SHC bench approved the bail pleas of Nasir Abbas, former Director General (DG) Karachi Development Authority (KDA) and two other accused in allegedly illegal allotment case.
The bench approved the bails of three accused against Rs 1 million surety each. The number of accused securing the bail in this case now stood at eight.
NAB framed the charges of illegal allotment of three expensive plots in Gultistan-e-Jauhar. The NAB prosecutor told the court that accused made fake lease documents to sell the plots and informed that reference against the accused has been filed in the accountability court.
The defence counsel submitted that no financial loss was caused to the national exchequer as the plots in question were not public property but were owned by private persons, for which all the legal requirements were completed.