Law: National Accountability Ordinance, 1999

Section: 9(a)(v),14(c),22,32

Law: Constitution of Pakistan, 1973

Section: 18

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(v), 22 & 32---Criminal Procedure Code (V of 1898), S. 265-K--- Constitution of Pakistan, Art. 18---Appeal against acquittal---Assets beyond known sources of income---Investigation---Principles---National Accountability Bureau was aggrieved of order passed by Accountability Court whereby accused persons were acquitted of charge in exercise of powers under S. 265-K, Cr.P.C.---Validity---Persons having no nexus with corruption or corrupt practices specifically defined under S. 9 of National Accountability Ordinance, 1999, jurisdiction of National Accountability Bureau could not be extended to such persons holding or accumulating properties privately through any legal business---National Accountability Bureau could not harass, inquire and investigate against any person who stood alone having no remote or direct or indirect nexus with offences, described/prescribed under S. 9 of National Accountability Ordinance, 1999 or incidental and ancillary thereto---Accused persons were acquitted as charge framed against them did not disclose any offence in view of S. 9 of National Accountability Ordinance, 1999 and evidence was shaky---No evidence was brought on record that accused persons were involved in any offence of tax evasion, cheating, fraud, corruption or corrupt practices---Accused persons had huge property but same was not concealed and was well mentioned in income tax returns and same was confirmed by relevant prosecution witnesses themselves---Prosecution failed to prove that concerned business of accused persons were illegal---Appeal was dismissed in circumstances. PLD 2013 SC 594; Muhammad Hashim Babar's case 2010 SCMR 1697 and PLD 2011 SC 1144 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(v) & 14(c)---Assets beyond known sources of income---Presumption---Shifting of onus---Principles---National Accountability Bureau has not invested with unbridled, general jurisdiction to inquire into and investigate against each and every person having accumulated properties on any pretext that such properties were not outcome of corruption and corrupt practices and…

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