IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
 
 
Mr. Justice Umar Ata Bandial, CJ 
 
 
Mr. Justice Muhammad Ali Mazhar 
 
 
Mr. Justice Athar Minallah 
 
CRIMINAL M. A. NO. 641 OF  2023  IN  
CRIMINAL PETITION NO. NIL OF 2023 
(Application for exemption of Filing of Petition through Special 
Attorney in the matter of arrest of the petitioner from the premises 
of IHC). 
 
Imran Ahmed Khan Niazi 
…Petitioner(s) 
 
 
Versus 
The State and others  
…Respondent(s)       
 
 
 
For the petitioner(s) 
 
: Mr. Imran Ahmed Khan Niazi 
(in-person) 
(on Court’s call) 
Mr. Hamid Khan, Sr. ASC 
Raja Aamir Abbas, ASC 
Mr. Shoaib Shaheen, ASC 
Mr. Gohar Ali Khan, ASC 
Mr. Salman Safdar, ASC 
Mr. Niaz ullah Niazi, ASC 
Mr. Ashfaq Ahmed Kharal, ASC 
Mr. Muqtedir Akhtar Shabbir, ASC 
Mr. Waqar Rana, ASC 
 
 
 
For Federation  
: Mr. Mansoor Usman Awan, AGP 
a/w:Barr. Maryam Ali Abbasi, Adv. 
Mr. Javaid Iqbal Wains, Addl AG 
Mr. Rashdeen Nawaz Kasuri,  
Addl. AG 
 
 
 
For NAB 
: Mr. Asghar Hussain, PG NAB 
Mr. Muzaffar, DPG 
Mr. M. Rafay Maqsood,  
Sr. Spl. Prosecutor  
 
 
 
For ICT 
: Mr. Jehangir Khan Jadoon, AG 
Dr. Akbar Nasir Khan, IGP 
 
 
 
Date of hearing   
: 11.05.2023 at 05:45 pm 
 
Crl.M.A. NO. 641 OF 2023 
 
 
 
 
 
2
O R D E R 
 
For the reasons to be recorded later, this Misc. Application is 
allowed, Criminal Petition be numbered accordingly and the same is 
converted into appeal and disposed of in the following terms: 
i) 
The manner of execution of the arrest warrant issued by the 
Chairman, National Accountability Bureau (NAB) dated 
01.05.2023 in the Al-Qadir Trust case within the premises of 
the Islamabad High Court against petitioner is invalid and 
unlawful. The execution of said warrant violated the 
petitioner’s right of access to justice and the sanctity and 
safety of the Court as he had already surrendered to the 
Court for seeking judicial relief against the action taken by 
NAB in the Al-Qadir Trust case. In this regard, the 
fundamental rights of the petitioner under Articles 4, 9, 10-A 
and 14 of the Constitution of Islamic Republic of Pakistan 
have been infringed.   
 
ii) 
The petitioner is directed to be produced before the 
Islamabad High Court tomorrow i.e. 12.05.2023 at 11:00 am 
for hearing of his Writ Petition filed to challenge the NAB 
action against him in the Al-Qadir Trust Case. The NAB 
authorities and the ICT Police shall ensure foolproof 
security to the petitioner until his production in the 
Islamabad High Court in this regard.  
 
iii) 
The Registrar of the Islamabad High Court is directed to 
place the matter i.e. the Writ Petition before the Hon’ble 
Chief Justice of the Islamabad High Court for constituting a 
Bench for hearing the same.  
 
iv) 
In order to ensure the security of the petitioner until his 
appearance in the High Court tomorrow i.e. 12.05.2023 at 
11:00 am, he shall remain in the premises where he is 
presently retained in police custody, namely, the Police 
Lines Guest House, H-11, Islamabad (Police Guest House).  
Crl.M.A. NO. 641 OF 2023 
 
 
 
 
 
3
v) 
Whilst the petitioner is in the Police Guest House, he shall 
be entitled to meet up to 10 guests, whose particulars shall 
be provided by him to the concerned Police Officer, subject 
to security check by the police. These persons shall be 
allowed to stay with the petitioner as long as desired by 
him. 
    
vi) 
This order shall remain valid until the production of the 
petitioner before the High Court in the aforementioned Writ 
Petition tomorrow i.e. 12.05.2023 at 11:00 am and shall be 
subject to any order that is passed by the High Court.  
 
vii) 
This order shall not cause any prejudice to the proceedings 
of investigation being conducted by the NAB in the matter 
of the Al-Qadir Trust.  
 
 
 
 
  
  
         
 
  
 
 
 
Sd/- 
Chief Justice 
 
 
  
 
 
Sd/- 
Judge 
 
 
 
 
 
 
 
Sd/- 
Judge  
Islamabad, 
11.05.2023. 
 
 
 
 
  
 
NOT APPROVED FOR REPORTING.  
 
 
 
 
 
