Law:

Section:

(a) National Accountability Bureau Ordinance (XVIII of 1999)-------S. 32---Appeal, filing of---Locus standi---Appeal filed by third person on behalf of the convict---Trial was conducted in absentia and the accused person was convicted by the Trial Court---Daughter of the convict filed the appeal on the ground that the convict was suffering from mental ailment and was unable to file the same---Plea raised by the daughter of the convict was that where any procedure was not forbidden by law, the same could be adopted to secure the interests of justice---Validity---Where law provided a thing to be done in a particular manner, it ought to be done in that manner or not at all---Filing of appeal was within the realm of substantive and not the procedural law---Principle that a procedure not expressly prohibited was deemed to be allowed could not be pressed into service to clothe a third person with a right to file appeal on behalf of convict---Appeal was dismissed in circumstances. Nur Elahi v. The State PLD 1966 SC 708 distinguished. (b) National Accountability Bureau Ordinance (XVIII of 1999)--- ----S. 32---Appeal---Maintainability---Proclaimed offender; failure to surrender before Court---Trial was conducted in absentia and accused convicted---Appeal was filed on behalf of the convict, without his appearance in person before the Appellate Court---Validity---Convict was bound under the law, to surrender before the Court to undergo the sentence of imprisonment passed against him/her---Convict who was a fugitive from law was not entitled to invoke the provisions of S.32 of National Accountability Bureau Ordinance, 1999, to challenge his conviction---Appeal was not maintainable in circumstances. Mohtarma Benazir Bhutto, M.N.A., leader of the Opposition, Bilawal House, Karachi v. The State through Chief Ehtesab Commissioner 1999 SCMR 1619 and Mohtarma Benazir Bhutto and another v. The State 1999 SCMR 2726 distinguished. Haq Nawaz v. The State 1999 PCr.LJ 1381 and Naq Nawaz and others v. The State and others 2000 SCMR 785 ref. (c) National Accountability Bureau Ordinance (XVIII of 1999)-- ----S. 32---Appeal, filing of---Plea of suffering from mental disease by the…

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