Law: National Accountability Ordinance, 1999

Section: 15,25(b)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 83

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 15 & 25(b)---Penal Code (XLV of 1860), S. 83---Constitution of Pakistan, Art. 199---Constitutional petition---Plea bargain and conviction---Act of child---Disqualification to contest election---Principal accused purchased properties in the names of petitioners who were his sons and were minors at the time of purchase---Both petitioners entered into plea bargaining and surrendered properties in question---Trial Court as the time of approval of plea bargaining imposed conviction upon both the petitioners as provided under S.15 of National Accountability Ordinance, 1999---Validity---Ages of petitioners were to be counted from the day when offence was committed and not when it was compounded and or plea bargain was accepted---On the day when alleged offence was committed, ages of petitioners were less than 10 and 12 years respectively---Petitioners, even if had committed any offence, were entitled to benefit of immature understating---Nothing was available on record to show that petitioners themselves committed offence of corruption and corrupt practices as they were of very tender ages and had no knowledge or understanding of corruption or corrupt practices committed by their father, might it be for their benefits---Bar of disqualification for a period of 21 years through order in terms of S.15 of National Accountability Ordinance, 1999, for seeking or from being elected, chosen, appointed or nominated as member or representative of any public office or any statutory or local authority of Government of Pakistan would not apply to petitioners---Petition was allowed accordingly. Muhammad Ayaz alias Cheena and others v. The State PLD 2004 Kar. 652 ref. JUDGMENT SAJJAD ALI SHAH, J.---The petitioners have filed the instant petition containing the following prayers:-- (i) It be declared that in the absence of essential requirement of the plea bargain/voluntary return under section 25 of the N.A. Ordinance 1990, the order dated 14-7-2000 passed by the respondent No.2 purported to be under section 25 of the N.A.O. 1999 is ab initio void, illegal and coram non ­judice and does not affect the fundamental…

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