Law: National Accountability Ordinance, 1999

Section: 16A

Law: Criminal Procedure Code (V of 1898)

Section: 403,403(1),561-A

Law: Constitution of Pakistan, 1973

Section: 13,13(1)

National Accountability Ordinance (XVIII of 1999)--- ----S. 16-A---Constitution of Pakistan, Art.13---Criminal Procedure Code (V of 1898), Ss. 403 & 561-A---Petition for quashment of proceedings---Trial of accused before two Courts (Anti-Corruption Court and Accountability Court)---Double jeopardy, principle of---Applicability---Accused raised the plea of double jeopardy on the ground that he was facing trial before two Courts on same set of facts and allegations---Validity---Neither trial before Anti-Corruption Court, nor before Accountability Court had been finally concluded, nor any conviction or acquittal was recorded to accused---In absence of necessary ingredients, right available under Art.13(1) of the Constitution neither could be pressed, nor benefit of S. 403, Cr.P.C. could be extended---Petition was dismissed in circumstances. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- This petition was filed by Manzoor Hussain Jamali with an intent to obtain an order to quash the proceedings before the Accountability Court-II, Balochistan Quetta, and the Anti-Corruption Court Balochistan, Quetta. The violation of Article 13 of the Constitution of Islamic Republic of Pakistan, 1973 (The Constitution) was pressed for the purpose. The petition was with the facts that he (petitioner) was facing trial before the Anti-Corruption Court Balochistan, Quetta, for the charges, while with identical facts a Reference under the National Accountability Ordinance 1999 (NAO 1999), was filed against him, thus violative to Article 13 of the Constitution, which mandated that no person should be prosecuted or punished for the same offence more than once. 2. The learned counsel was heard, who repeated the stance taken in the petition with no addition, except that his request for acquittal was declined by the trial Court. 3. The papers annexed with the petition were with the facts that the petitioner was indicted of the charge by the Judge, Anti-Corruption Court Balochistan, Quetta on 20th July 2016, in response to FIR registered on stance of the Food Department. Meanwhile the proceedings under the National Accountability Ordinance 1999 were also initiated, and a…

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