Law:

Section:

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 31-A--National Reconciliation Ordinance, 2007, S. 33-F--Appellants got benefit of NRO--Cases were terminated u/S. 33-F of NRO--Amended provision of NAB Ordinance was declared as void ab-initio and non-existent in the eye of law and directed that all the cases, which were pending before 5th of Oct, 2007 shall stand revived and that the and stance u/S. 31-A of NAO shall remain intact to be challenged in accordance with law as same cannot be held void by issuing of Ordinance by the President--Validity--National Accountability Ordinance, 1999 has been given retroactive effect from 1985, therefore, appellants carries no weight that offence cannot be applied as retrospectively--Held: Sentence of offence cannot be enforced retroactively, whereas the offence can be applied prospectively--When S. 31-A of NAO was declared being ultra vires by the Court with reference to sentence and proceedings therein the cases would go revert to the position of when these were transferred to Accountability Courts u/S. 16-A of NAB--Warrants of arrest containing grounds of arrest would be deemed to be intact and still executable by NAB--All these cases relate to special law i.e. FIA and Anti-Corruption were brought to NAB and in Accountability Courts--Criminal Appeals and petitions were dismissed. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 87 & 88--National Accountability Ordinance, 1999, Ss. 31-A, 16-A, 9, & 18--Constitution of Pakistan, 1973, Arts. 9 & 10--Whether proceedings u/Ss. 87 & 88, Cr.P.C. Vice versa u/S. 31-A of NAO are synonymous and complimentary to each other--Effect of--As the proceeding--U/Ss. 87 & 88, Cr.P.C. and S. 31-A of NAO were cancelling process, issued against the accused to procure his attendance in the Court, therefore, were compelling to each other and if there was no sentence attached to S. 31-A of NAO were synonymous--Courts are left with no option but to initiate proceedings forcing an accused to appear before the Court--Held: Custodia legis is legal custody and amount to surrender before the Courts of law under the principle that presence of accused is sine qua…

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