Law: National Accountability Ordinance, 1999

Section: 4,3,9(b),31D

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Bail---Accused cannot be left at the mercy of investigating agency to establish charge of a particular offence against him and to investigate the matter---High Court has ample jurisdiction while deciding bail application after examining available record whether any particular offence under which investigating agency is trying to arrest accused prime facie attracts in circumstances of the case or not. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 4---National Accountability Ordinance (XVIII of 1999), S. 3---Overriding effect of Financial Institutions (Recovery of Finances) Ordinance, 2001---Scope---Financial Institutions (Recovery of Finances) Ordinance, 2001 is not only a special law but same being also later in time prevails over provisions of National Accountability ordinance, 1999---To deal with dispute inter se Bank and Customer, Financial Institutions (Recovery of Finances) Ordinance, 2001 has its own comprehensive mechanism to deal with. Apollo Textile Mills Ltd. and others v. Soneri Bank Ltd. PLD 2012 SC 268 and Mahmood Khan Achakzai and others v. Federation of Pakistan and others PLD 1997 SC 426 rel. (c) Lenity, rule of--- ----Scope---Where accused can be tried or punished under two different statutes then 'Rules of Lenity' (a rule of construction of statutes that criminal statute ambiguities are resolved in favour of defendant or accused) would also attract in favour of accused person. (d) Administration of justice--- ----When law requires a thing to be done in a specific manner, it must be done in that way or not at all. Raheel Rashid v. National Accountability Bureau, Islamabad through Chairman and 2 others PLD 2005 Lah. 692 rel. (e) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 3, 9(b) & 31-D---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 4---Pre-arrest bail, confirmation of---Suit for recovery of finance---Wilful default---Petitioner was accused in a reference by National Accountability Bureau on complaint of Bank--- Complainant Bank had earlier instituted recovery suit but later also invoked…

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