Case Details

Citation(s)
2016 SLG 354 2016 SLD 354 2016 SCMR 92 2016 PLJ 81
Supreme Court of Pakistan
Civil Petition No. 1603 of 2012, decided on 31st August, 2015.
JAWWAD S. KHAWAJA, C.J., DOST MUHAMMAD KHAN AND QAZI FAEZ ISA, JJ
Razzaq A. Mirza, Additional AG Punjab, Zubair Ahmed Farooq, Additional PG Punjab and Muhammad Asif Anjum, Dir (L) ACF for Petitioner. Fauzi Zafar, DPG, NAB for
Respondents Nos.1 to 3. M. S. Khattak, Advocate-on-Record and Gohar Ali Khan, Advocate (with

ANTICORRUPTION ESTABLISHMENT, PUNJAB through DG

VS

NATIONAL ACCOUNTABILITY BUREAU through Chairman NAB and others

Law: National Accountability Ordinance, 1999

Section: 16A(a),18

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 16-A(a)--Criminal cases were registered by A.C.E.--Withdrawal of cases from Anti corruption--Fraudulently transferred land to bahria town--Used fake and forged documents--Jurisdiction was not challenged--Party cannot be permitted to defeat cause of justice by indefinite procrastination--Scope of--Determination--NAB received an application from a nominated accused, and without determining application's merit or conducting any inquiry/ investigation, Chairman NAB with alacrity submitted an application for transfer of case under Section 16-A(a) of NAO--Transfer of a case shall be deemed to be a reference under Section 18 of NAO, but provision was intentionally disregarded as some of nominated accused were exonerated by NAB--Land had been illegally transferred in name of bahria town--Neither bahria town nor any of bahria town respondents were responsible for same--Application submitted by bahria town stated that specific amount had been paid to a property dealer, but there was nothing on record to confirm same, and unsubstantiated statement made in application was accepted by Chairman NAB--Land revenue authorities maintain property records and admittedly tampered with, which had adversely affected a number of innocent persons, but no attempt to properly prosecute culprits was made--Since NAB could not have exonerated a nominated accused after filing of a reference its purported attempt to do so is declared to be of no legal effect and shall be disregarded, however, they will be entitled to fully defend cases and if considered necessary lead evidence to substantiate their point of view--Chairman NAB, and possibly other officers of NAB as well, misused their official positions and authority to extend undue benefit/favour to bahria town--Therefore, NAB is directed to investigate matter of application submitted by then Chairman NAB under Section 16-A(a) of NAO before special judge to complete investigation expeditiously and proceed in accordance with Section 18(g) of NAO. National Accountability Ordinance, 1999 (XVIII of 1999)-- -----S. 18--Criminal cases were registered by Anti-Corruption--Fraudulently…
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