Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)---National Reconciliation Ordinance (LX of 2007), S.7---Criminal Procedure Code (V of 1898), S. 517---Restoration of proceedings---After promulgation of National Reconciliation Ordinance, 2007, petitioner filed application for restoration of his properties seized during investigation---Validity---Case of petitioner was reopened and amended charge was also framed---Order passed by Trial Court on petitioner's application, after termination of NAB proceedings against him in terms of S. 7 of National Reconciliation Ordinance, 2007, was rightly recalled and High Court declined to take any exception---Case property was not restored to petitioner in terms of S. 517, Cr.P.C. as any order passed by courts of law including order of discharge and acquittals recorded in favour of accused persons, as in the present case, as never to have existed in the eyes of law and of no legal effect---Constitutional petition was dismissed in circumstances. Dr. Mobashir Hassan v. Federation of Pakistan PLD 2001 SC 1 rel. THIS ORDER PASSED BY: AHMED ALI M. SHAIKH, JUSTICE:---.--- To promote national reconciliation, foster mutual trust and confidence amongst holders of public office and remove the vestiges of political vendetta and victimization, etc., the President of Pakistan on 5th October, 2007 promulgated so-called Ordinance known as "National Reconciliation Ordinance." However, the Honourable Supreme Court of Pakistan in short order rendered in case of Dr. Mobashir Hassan v. Federation of Pakistan (PLD 2010 SC 1), declared the said Ordinance as an instrument void ab-initio being ultra vires and violative to various Constitutional Provisions, and all cases in which the accused persons were either discharged or acquitted under Section 2 of the Ordinance or where proceedings pending against the holders of public office had got terminated in view of section 7 thereof, and any other such cases/proceedings which may not have been brought to the notice of the Supreme Court, were revived and relegated to the status of pre-5th October, 2007 position and all the trial, appellate and revisional Courts were ordered to summon the…

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