Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court comprising of Justice Lal Jan Khattak and Justice Faheem Wali disposed-off several petitions regarding Bail before Arrest of Pakistan Muslim League Nawaz activists including provincial president Amir Muqam directed to approach proper forum National Accountability Bureau (NAB) court for relief, on Tuesday.
The divisional bench of PHC declared that after amendments had made in NAB laws, the trial courts are proper forum for obtaining bail after or before arrest that’s why direct writ is not defensible before high court.
The counsel for argued that NAB had initiated inquiries against political opponents in revenge to arrest them and added that amendments are not applicable on current writ petitions because it had filed before amendment in the law.
Moreover, the petitioner’s counsel informed that in current petition protection of constitutional rights are requested along with BBA and added that NAB’s court can grant bail when reference has filed as per amendments while these cases are in inquiry stage that’s why high court is competent forum because several judgments are available of honorable courts regarding protection of constitutional rights which shall be secured at high court under Article-199 of the constitution.
On the contrary, Deputy Prosecutor General’s NAB Muhammad Ali argued that amendments the petitioner shall approach trial court for obtaining BBA or bail which is clear from the ordinance issued in this regard and added that the petitioner is demanding BBA then to approach competent forum.
The NAB’s prosecutor further informed that Islamabad High Court has decided in Former President of Pakistan Asif Ali Zardari BBA’s petition that appropriate forum is trial court in detail judgment and requested for transfer current petition to NAB’s court.
The divisional bench has directed NAB’s court to decide the petitions within 15 days while dispose-off the case.
