| Citation(s) |
|---|
| 2013 SLG 1718 2013 SLD 1718 2013 PLD 594 |
Supreme Court of Pakistan
Criminal Appeal No. 140 of 2005 and Criminal MiscellaneousApplications Nos. 629 of 2010, 141 of 2005, 228 to 233 of2004, Civil Petition No. 205 of 2006 and Civil MiscellaneousApplication No. 393 of 2007,........
ANWAR ZAHEER, JAMALI, ASIF SAEED KHAN KHOSA AND AMIR HANI MUSLIM, JJ
Abid Hassan Minto, Senior Advocate Supreme Court, Afzal Siddiqui, Advocate Supreme Court and M.S.Khattak, Advocate-on-Record for Appellant(s) (in Crl.A. No. 140 of 2005, Crl. Misc. Application No. 629 of 2010 and Civil Appeal No. 141 of 2005). Rana Muha
Criminal Appeal No. 140 of 2005 and Criminal MiscellaneousApplications Nos. 629 of 2010, 141 of 2005, 228 to 233 of2004, Civil Petition No. 205 of 2006 and Civil MiscellaneousApplication No. 393 of 2007,........
ANWAR ZAHEER, JAMALI, ASIF SAEED KHAN KHOSA AND AMIR HANI MUSLIM, JJ
Abid Hassan Minto, Senior Advocate Supreme Court, Afzal Siddiqui, Advocate Supreme Court and M.S.Khattak, Advocate-on-Record for Appellant(s) (in Crl.A. No. 140 of 2005, Crl. Misc. Application No. 629 of 2010 and Civil Appeal No. 141 of 2005). Rana Muha
ABDUL AZIZ MEMON and others/s
VS
The STATE and others
Law:
Section:
(a) National Accountability Ordinance (XVIII of 1999)----Preamble & S.33-C---Ehtesab Act (IX of 1997), Preamble---Promulgation of National Accountability Ordinance, 1999 and Ehtesab Act, 1997---Object, scope and purpose---Distinction between the two laws---Preamble to Ehtesab Act, 1997, manifested that it was enacted only "for eradication of corruption and corrupt practices from public offices" whereas Pre-amble to National Accountability Ordinance, 1999, does not even mention "public offices" and instead it states objects to be achieved as to eradicate corruption and corrupt practices and hold accountable all those persons accused of such practices; to provide for effective measures for detection, investigation, prosecution and speedy disposal of cases involving corruption, corrupt practices, misuse or abuse of power or authority, misappropriation of property, taking of kickbacks, commissions; recovery of State money and other assets from those persons who have misappropriated or removed such money or assets through corruption, corrupt practices and misuse of power or authority; to seek, obtain or give mutual legal assistance internationally in matters concerning corruption; and to educate society about causes and effects of corruption and corrupt practices to implement policies and procedures for prevention of corruption in society---Scope of applicability of National Accountability Ordinance, 1999, is much larger than the scope of Ehtesab Act, 1997, and it would be naïve to examine the former through narrow prism of the latter---Stated object of National Accountability Ordinance, 1999, is to rid the whole society of menace of corruption. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 4 & 9(a)---Term "any other person" appearing in S.9(a) of the National Accountability Ordinance, 1999---Applicability---Scope---Provisions of National Accountability Ordinance, 1999, are not restricted in its applicability to "holders of public offices" only and the all en-compassing sway of the same covers all citizens of Pakistan wherever they may be and even persons of other nationalities available, operating or transacting within Pakistan and it…
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