Sitting Panel: Sh.Riaz Ahmad, C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ

Summary:

This case originated from a criminal petition filed by Ch. Zulfiqar Ali (petitioner) seeking bail against the State, after the Lahore High Court had dismissed his bail application in a case under the National Accountability Bureau Ordinance, 1999. The petitioner sought bail primarily on two grounds: the inordinate delay in the conclusion of his trial and his deteriorating medical condition. A significant legal point addressed was the jurisdiction of the High Court to grant bail in NAB cases, which had been a contentious issue. The Supreme Court noted that after an amendment to the National Accountability Bureau Ordinance, 1999, specifically the omission of the words “including the High Court” from the ouster clause, the High Court became re-vested with the jurisdiction to grant bail in such cases under Article 199 of the Constitution.

After hearing arguments, the Supreme Court, while condoning a delay in the petition, converted it into an appeal and subsequently allowed bail to the petitioner. The Court reasoned that the inordinate delay in the disposal of the trial, for which both the prosecution and defense were responsible, constituted an abuse of the court’s process and was a sufficient ground for granting bail. Furthermore, the petitioner’s medical condition, specifically suffering from various diseases including heart disease coupled with unstable hypertension, was considered a valid medical ground that could endanger his life in jail. The Supreme Court’s decision was thus based on both the protracted delay in trial proceedings and the serious health concerns of the petitioner.

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