Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 10,10a,11,33E

Law: Constitution of Pakistan, 1973

Section: 12

Law: Criminal Procedure Code (V of 1898)

Section: 386

(a) Vested Right--- ----Amendment in law---Effect---Any amendment in law does not take away, empower, nullify or destroy a vested right which has attained finality and has become past and closed transaction. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 10, 11 & 33-E---Criminal Procedure Code (V of 1898), S.386---Constitution of Pakistan, Art.12---Recovery of fine as arrears of land revenue---Imprisonment in lieu of fine---Amendment, retrospective effect of---Trial Court convicted the accused and also imposed fine upon him and on default of fine he was to undergo sentence of imprisonment---Grievance of petitioner was that after passing of conviction and sentence, S.33-E was inserted in National Accountability Ordinance, 1999, which had no retrospective effect, therefore, order passed by Accountability Court for recovery of fine as arrears of land revenue was illegal---Validity---Proceedings for recovery of fine as arrears of land revenue could not be initiated against petitioner as prior to insertion of S.33-E in National Accountability Ordinance, 1999, the petitioner had been convicted and sentenced by Accountability Court---If order passed by authorities with regard to recovery of fine as arrears of land revenue at such stage was allowed to remain in field, the same would tantamount to violation of Art.12 of the Constitution----By awarding sentence of any/certain term in lieu of payment of fine to an accused facing trial under National Accountability Ordinance, 1999, the Accountability Court in fact, provided immunity to person found guilty of corruption and corrupt practices etc., from payment of fine, thus defeating the very object, spirit and aim of National Accountability Ordinance, 1999--- In law the Accountability Court while awarding conviction and sentence could not award sentence of any/certain term in lieu of payment of fine to any accused found guilty of offence of corruption and corrupt practices etc.. as envisaged in National Accountability Ordinance, 1999, which was a special law---High Court set aside order passed by Accountability Court on application by authorities under S.386, Cr.P.C., read with S.33-E of National…

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