| Citation(s) |
|---|
| 2018 SLG 2561 2018 SLD 2561 2018 PLD 696 |
Sindh High Court
Cons. P. No. 6642 of 2016, decision Dated: 13-02-2018, Dates of hearing: 23rd January and 07-02-2018
MOHAMMAD KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Khalid Mahmood Awan
Respondent(s) by: Mohammed Altaf, Special Prosecutor NAB
Cons. P. No. 6642 of 2016, decision Dated: 13-02-2018, Dates of hearing: 23rd January and 07-02-2018
MOHAMMAD KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Khalid Mahmood Awan
Respondent(s) by: Mohammed Altaf, Special Prosecutor NAB
EHSAN ULLAH SIRAZI AND ANOTHER
VS
DIRECTOR GENERAL (KARACHI) NATIONAL ACCOUNTABILITY BUREAU AND ANOTHER
Law: National Accountability Ordinance, 1999
Section: 12,13(c),17,23
Law: Criminal Procedure Code (V of 1898)
Section: 493,561-A
Law: Constitution of Pakistan, 1973
Section: 199
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 & 13(c)---Constitution of Pakistan, Art.199---Criminal Procedure Code (V of 1898), S. 561-A---Conversion of constitutional petition into appeal---Petitioner assailed freezing order in constitutional petition instead of filing appeal---Effect---Proper means of appealing against freezing order granted under S. 12 of National Accountability Ordinance, 1999 by Accountability Court was through S. 13(c) of National Accountability Ordinance, 1999---High Court in exercise of discretionary constitutional jurisdiction converted constitutional petition into appeal as same was filed within 10 days---Appeal was maintainable accordingly. Mian Asghar Ali v. Government of Punjab 2017 SCMR 118 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12 & 17---Criminal Procedure Code (V of 1898), S. 493---Freezing of property---Complainant, role of---Scope---Complainant in a National Accountability Bureau case may be able to assist the prosecutors of Bureau if so allowed by Accountability Court or High Court---Such assistance does not extend to filing applications by complainant in his own name---Accountability Court has no power to either entertain or adjudicate upon such application under S. 12 of National Accountability Ordinance, 1999 filed by complainant. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12, 13 & 23---Freezing of property---Chairman of National Accountability Bureau, jurisdiction of---Confirmation of order---Scope---Petitioners who were owners of properties which were frozen under S. 12 of National Accountability Ordinance, 1999 assailed freezing order passed by Chairman on the grounds that same was not confirmed by Trial Court within 15 days---Validity---Chairman National Accountability Bureau s freezing order seized to have effect on 15th day after application was filed unless it was confirmed by Accountability Court---Order of Chairman National Accountability Bureau was not confirmed by Accountability Court for one year---Word shall in proviso to S. 12 of National Accountability Ordinance, 1999 made it mandatory rather than directory, therefore,…
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