Law: National Accountability Ordinance, 1999

Section: 10,15(a),33-E

Law: Pakistan Penal Code, 1860

Section: 53

Natinal Accountability Ordinance (XVIII of 1999)--- ----S. 15(a)---Corruption and corrupt practices---Sentence of imprisonment and fine imposed upon the convict---Disqualification to contest elections or to hold public office---Commencement of period of disqualification---Scope---Time of commencement of the convict's disqualification under S.15(a) of the National Accountability Ordinance, 1999 was to be the date on which he had completely served out all his sentences by undergoing the sentences of imprisonment as well as by payment of fine---In the present case,the convict had served out his sentences of imprisonment on 22-10-2013 when he was released from the jail and according to the record he had deposited the requisite fine on 29-11-2016---Disqualification of the respondent was, therefore, to be reckoned from 29-11-2016---Appeals were allowed accordingly. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C J.--- The respondent namely Mir Faiq Ali Jamali was tried in connection with various References and ultimately he was convicted by the Accountability Court-I, Balochistan, Quetta for an offence under scction 9 read with section 10 of the National Accountability Ordinance, 1999 and was variously sentenced. His appeals filed against his convictions and sentences were subsequently dismissed not only by the High Court but also by this Court. Later on an application was submitted by the National Accountability Bureau before the trial court under section 33-E of thc National Accountability Ordinance, 1999 seeking an order regarding recovery of fine from the respondent and the said application was disposed of by the trial court with an observation that the respondent's disqualification started from the date the respondent paid the fine imposed upon him. The said observation of the trial court was set aside by the High Court through the impugned judgments passed by it and it was held by the High Court that the trial court was not justified in making the above mentioned observation. The impugned judgments passed by the High Court show that the controversy regarding commencement of the period of disqualification of the respondent under section 15(a) of the…

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