The Sindh High Court has directed the provincial anti-corruption court to regulate the custody of an accused whose case was transferred from accountability courts in light of recent amendments to the National Accountability Ordinance.
The direction came on a petition of Syed Masood Hyder Jaffery, who sought removal of his name from the Exit Control List and unfreezing of his accounts in connection with a NAB corruption reference.
The NAB counsel confirmed that the petitioner’s case has been transferred from accountability court to the anti-corruption court. He acknowledged that the petitioner’s name was put on the ECL and his accounts had been frozen on NAB’s written directions when the reference was pending before accountability court.
A high court division bench headed by Justice Omar Sial observed that accountability courts may have lost jurisdiction because of the amendment, but the case of the petitioner was still pending before the anti- corruption court.
It also observed that accused persons were facing problems due to the shifting of their trial proceedings from accountability courts to anti-corruption court, but their cases have not reached before concerned courts. The court observed that petitioners and other accused were filing petitions for seeking relief due to the non-availability of the trial courts.
The court was informed that a committee has been constituted to determine the fate of cases transferred from accountability courts to anti-corruption courts.
It said the trial court itself should regulate the custody of the accused in the first instance and applications seeking relief with regard to the removal of names from the ECL and unfreezing of accounts be determined by the trial court.
The SHC further stated that it appears that the decision as tp whether or not the case against the petitioner and others will be pursued by the government is imminent after the formation of the committee; therefore, the petitioner may wait till a decision of the committee.
The court observed that if government decides to not pursue the case, the petitioner may approach the high court for seeking relief, and if the case continues before the anti-corruption court then he move an application for the redressal of his grievances.