IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
 
Civil Petition Nos.302, 579 & 580 of 2019 
(Against order dated 14.12.2018 passed by High Court of Sindh at 
Karachi in C.Ps. Nos.D-5118 of 2018, D-4279 of 2018 & D-2569 of 
2016) 
 
 
Muhammad Jawed Hanif Khan 
(in C.P. No.302 of 2019) 
Chairman NAB 
(in C.P. No.579 & 580 of 2019) 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
NAB Sindh & another 
(in C.P. No. 302 of 2019) 
Ameer Ali Brohi & another 
(in C.P. No. 579 of 2019) 
Muhammad Iqbal & another 
(in C.P. No. 580 of 2019) 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Munir A. Malik, Sr. ASC 
 
Mr. Muhammad Kassim Mirjat, AOR 
 
(in C.P. No.302/2019) 
 
Mr. Sittar Sahil, Special Prosecutor NAB 
 
Mr. Ausaf Talpur, Deputy Director NAB 
 
(in C.P. Nos.379 & 580 of 2019) 
 
For the Respondent(s): 
Mr. Sittar Sahil, Special Prosecutor NAB 
 
Mr. Ausaf Talpur, Deputy Director NAB 
 
(in C.P. No.302 of 2019) 
 
For Respondent No.1 
Mr. Khaleeq Ahmad, ASC 
 
(in C.P. No.579 of 2019) 
 
For Respondent No.1 
Mr. S.M. Iqbal, ASC 
 
(in C.P. No.580 of 2019) 
 
 
Date of hearing: 
27.11.2019 
 
ORDER 
 
 
      Qazi Muhammad Amin Ahmed, J. Behind bars since  
30-7-2018, Muhammad Jawed Hanif Khan, petitioner herein, seeks 
admission to bail; he is amongst the array of accused in NAB 
Reference No.22 of 2018. It is alleged that being at the helm as 
Chairman Karachi Port Trust from 30-7-2012 to 2-9-2013, he 
instrumented regular appointment of 940 stipend employees in 
derogation of the rules, costing public exchequer a sum of 
Rs.2,855,917,894/-. Principal accused Babar Khan Ghouri, the then 
Civil Petition Nos.302, 579 & 580 of 2019 
2
Federal Minister for Ports and Shipping, Govt. of Pakistan is still 
away from the law. Alongside the petitioner, Muhammad Sparas, 
Deputy Secretary/Ex-Director Gawadar Port and Rauf Akhtar,  
Ex-General Manager, Karachi Port Trust are behind the bars 
whereas Muhammad Iqbal and Ali Brohi, Managers Human 
Resource Karachi Port Trust were admitted to bail in anticipation to 
their arrest vide the impugned order dated 14.12.2018. 
 
 
 Impugned appointments were purportedly made pursuant 
to directive dated 20-12-2012 issued by Babar Khan Ghouri  
co-accused in pursuance to an announcement statedly made by the 
then Prime Minister calling for regularization of all temporary 
employees, working in the ministry, PQA & KPT, etc. with immediate 
effect; it is numbered as PMDIR/2255/DS(Imp)PAW/12 dated 
10.12.2012. In this backdrop, it is mainly argued that the petitioner 
unsuspectingly complied with the command issued by the highest 
authority in the realm, conveyed to him through ministerial channel 
and, thus, without an axe to grind, he delegated the task to his 
subordinates to carry out the exercise and, thus, in the absence of 
mens rea, the petitioner cannot be saddled with the criminality of 
the transaction, more so in the absence of any evidence to even 
obliquely suggest receipt of any financial benefit therefrom. 
Petitioner’s subsequent contest for a seat of Provincial Assembly on 
the party ticket of Muthida Qoumi Movement has been cited as a 
motive behind his prosecution by the learned counsel while 
concluding his submissions. The learned Law Officer has faithfully 
contested the plea for bail; while referring to petitioner’s subsequent 
electoral pursuit, he has attempted to demonstrate a subsisting 
nexus between the petitioner and the absconding former Federal 
Minister; the bottom line is that the petitioner being a conscious 
privy in the crime and in the absence of any circumstance 
suggestive of hardship, he cannot be enlarged on bail in a trial, 
otherwise likely to conclude soon in view of short number of 
witnesses, arrayed to drive home the charge.  
3.  
Heard. Record perused. 
4.  
Compliance by a Civil Servant with void or illegal 
orders/directions, issued by his superiors, cannot be received as a 
valid defence nor such a plea can absolve him from the fall out of 
consequences of an illegal act; his primary responsibility is to the 
Republic and not to his superiors or political masters of the time; he 
is viably entrenched by statutory protections and, thus, is required 
by law to maintain his independence as well as subservience to the 
Civil Petition Nos.302, 579 & 580 of 2019 
3
law. However, in order to ensure a fair deal, we will not comment 
upon petitioner’s role in the impugned transaction, an issue to be 
essentially settled by the learned Accountability Court on the 
strength of evidence alone. The learned High Court allowed bail to 
Muhammad Iqbal and Ameer Ali Barohi in anticipation to their 
arrest, an extraordinary protection, on the ground that they, being 
at a lower rung, haplessly followed Ministerial directions passed on 
through proper channel and as such determination of their 
culpability was consequent upon recording of evidence, reasons that 
fail 
to 
commend 
approval. 
Preponderance 
of 
the 
charge 
notwithstanding, it would be rather out of place to inter se quantify 
the endurance level of the accused, each placed in a subordinate 
position, though differently, to resist the Ministerial pressure in 
terms 
of 
suggested 
quantification 
of 
culpability. 
National 
Accountability Bureau has sought cancellation of bails granted to 
Ameer Ali Brohi and Muhammad Iqbal vide two separate petitions 
i.e. CPLA  No.579 and 580 of 2019, former barred by seven days, for 
reasons far from being acceptable, therefore, partial interference 
being most anomalous, status quo of equality is the only expedient 
option, benefit whereof cannot be denied to the petitioner as well. 
Sauce for the goose is sauce for the gander.   
 
 
Civil Petition No.302 of 2019 is converted into appeal and 
allowed. The petitioner is admitted to bail subject to his furnishing 
solvent surety in the sum of rupees one million with two sureties 
each in the like amount to the satisfaction of the learned trial Court 
alongside his passport. The learned trial Court is directed to 
conclude the trial with all convenient dispatch, in the fullness of 
time, sooner rather than later.  
 
 
Civil Petition Nos.579 and 580 of 2019 are dismissed.  
 
 
 
Judge 
 
 
 
Judge 
 
 
 
Judge 
Islamabad  
27th November, 2019 
Not approved for reporting 
Azmat/- 
