Law: National Accountability Ordinance, 1999

Section: 12(a),13

National Accountability Ordinance, 1999 (XXIII of 1999)-- ----S. 12(a)--Power of chairman NAB--Allegations of corruption and corrupt practices--Defreezing bank accounts Reference--Validity--Chairman, NAB could exercise its power to freeze any property, belonging to accused or his relative or associate or person on behalf of accused not exceeding 10 days at stage where reference had not already been send to Court otherwise last sentence in proviso itself would have not been used as "Where Reference under this Order shall be sent by Chairman, NAB"--Provisions contained in Section 12(a) authorizes not only Chairman, NAB but also Court to freeze property at any time but power of Court is also made conditional to exercise such power only when trying accused under NAB Ordinance--Chairman, NAB could not exercise its power envisaged under Section 12(a) ibid, thereafter, sending Reference before Accountability Court, as such not only first order rendered by Chairman, NAB was not warranted by law but also confirmation order rendered by Administrative Judge, Accountability Court. National Accountability Ordinance, 1999 (XXIII of 1999)-- ----S. 13--Reference--Corruption and corrupt Practices--Freezing of accounts--Caution order--Respondent made order of freezing of Bank account of appellants and writ petition on account of freezing order was become infructuous and was disposed of with permission to appellant to challenge same before trial Court in terms of Section 13 of NAB Ordinance--Wherein Court is empower to adjudicate issue of freezing separately, however, is case in hand, trial Court had not adopted procedure, envisaged under Section 13 of NAB Ordinance and without recording any evidence in this regard had decided issue under consideration. Freezing of Property-- ----Scope of--Principle--It is settled principle of law that freezing of any property by Court for unlimited period is itself against constitution and no any prolonged restriction could be imposed in order to deprive a person even accused to use right over his property prior to holding him guilty and in order to decide such matter in regard to freezing of property. Administration of Justice--…

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