ISLAMABAD: Supreme Court on Thursday rejected the National Accountability Bureau’s (NAB) plea for cancelling bail of former Oil and Gas Regulatory Authority (OGRA) Chairman Tauqir Sadiq.
The three judge bench of the apex court, headed by Justice Mian Saqib Nisar, rejected NAB’s plea. Sadiq is allegedly involved in swindling Rs83 billion during his time as Ogra chief.
During Thursday’s hearing, Sadiq’s counsel Abid Saqi contended that NAB’s proceedings against his client are discriminatory since they only target him in this scam.
On March 12, a division bench of the Islamabad High Court had accepted Sadiq’s bail application against surety bonds worth one million rupees and two personal guarantees.
Later on, NAB filed a petition in the Supreme Court seeking cancellation of Sadiq’s bail, fearing that he may try to flee abraod.
“The accused has already been brought back from the UAE after a long legal battle. There is every apprehension that he will misuse the concession of bail and will try to flee given his previous attempts,” the corruption watchdog had urged in its petition.
The accountability body further contended that it had filed a reference against Sadiq in light of an SC order dated November 25, 2011. The arrest warrants of the accused were issued by NAB on May 14, 2012, however, he managed to leave Pakistan in order to avoid arrest and prosecution.
The bench however rejected NAB’s arguments and upheld IHC’s order to grant Sadiq bail. Later on, while talking to the media, Saqi stated that NAB’s prosecution could not convince the court to cancel his client’s bail.
SC constitute larger bench to determine power of Justice of Peace
The Supreme Court has decided to constitute a larger bench for determining powers granted Justice of Peace (lower court’s judge) regarding the registration of FIRs under section 22-A (6) of Criminal Procedure Code, 1898 (CrPC).
The three judge bench of the apex court, headed by Chief Justice Nasirul Mulk has also decided to revisit its judgment, where in it was declared that the power of Justice of Peace regarding the registration of FIR is administrative.
During the hearing, Amicus Curiae Khawaja Haris told the bench that the top court in its March 2014 judgment had observed that the Justice of Peace’s power is administrative.
He contended that this is a quasi-judicial power, which is given to justice of peace under section 22-A (6) of CrPC.
He was also agreed with the bench that the court’s earlier judgment about Justice of Peace lower court’s judge should be revisited. Later on, the bench decided to constitute a larger bench for reviewing its March , 2014 judgment on the power of Justice of Peace.
A sub-section (6) was incorporated in section 22-A of the Criminal Procedure Code, 1898, through Code of Criminal Procedure (Third Amendment) Ordinance 2002. The amendment authorises justice of peace to order registration of cases on complaints. Session judge has the authority to nominate a judicial officer for working as ‘justice of peace’.
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