Law: National Accountability Ordinance, 1999

Section: 5(r),9(a),18,31-D

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 406,419,420

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(r), 9(a), 18 & 31-D---Criminal Procedure Code (V of 1898), S.265-K---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Wilful default, corruption and corrupt practices---Reference to Accountability Court---Petitioners/accused moved an application under S.265-K, Cr. P. C. for their acquittal---Pending said application, the petitioners instituted constitutional petition seeking their acquittal from the reference--No compelling circumstances were available for the petitioners to institute constitutional petition seeking their acquittal when application under S.265-K, Cr.P. C., was pending before Account-ability Court---High Court under Art.199 of the Constitution could pass appropriate orders for the enforcement of the rights of the citizens, but availability of such powers, would not necessarily create an occasion for the exercise of such power in all cases---Petitioners who were facing the criminal charges under Ss.9(a), 5(r) & 10(a) of National Accountability Ordinance, 1999 had filed application under S.265-K, Cr.P.C. which was pending adjudication---High Court, in exercise of its constitutional jurisdiction, would not entertain constitutional petition for passing a on the point on which court was still in cognizance of---Petitioners had an adequate and efficacious remedy, which they had availed of through moving application by invoking the provisions of S.265-K, Cr.P.C.---Constitutional petition was dismissed. Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122 and Muhammad Khalid Mukthar v. The State through Depute/Director, (C.B.A.), Lahore PLD 1997 SC 275 ref. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Binyamin Khalil and Nusrat Sharif petitioners Nos.1 and 2 are facing trial along with others before the Judge Accountability Court No.III, Lahore under reference No.14 of 2007 titled as The State v. Muhammad Akram Sheikh, etc. and are respectively arrayed as accused Nos.12 and 11 in the reference. 2. Briefly stating the facts of the case are that Messrs Classic Knitwear (Pvt.) Lahore availed of a financial facility of Rs.32.522 million with mark up…

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