Case Details

Citation(s)
2018 SLG 2640 2018 SLD 2640 2018 PLD 256
Sindh High Court
Constitutional Petition No. D-2741 of 2016, decision Dated: 08-03-2017. Dates of hearing: 22nd and 23-02-2017.
MOHAMMAD KARIM KHAN AGHA, JUSTICE MAHMOOD A. KHAN, JUSTICE
Petitioner(s) by: Dareshani Ali Haider ‘Ada, (in C.P. No. D-2741/2016 and C.P. No. D-121/2017). Qamabar Ali Solangi (in C.P. No. D-3783/2016), Iftikhar Ali Arain and Zulfiqar Ali Sangi for Petitioners (in C.P. No. D-4718/2016), Zulfiqar Ali Sangi (in C

RAJIB ALI SHAH

VS

CHAIRMAN NAB AND OTHERS

Law: National Accountability Ordinance, 1999

Section: 16(a)

National Accountability Ordinance (XVIII of 1999)--- ----S. 16(a)---Accountability Court---Pecuniary jurisdiction---Scope---Conclusion of trial---Pecuniary value being less than Rs.100 million---Petitioner sought transfer of their cases from Accountability Courts to other courts having jurisdiction due to low monetary value involved in their cases---Validity---Petitioners failed to produce any stay order issued by superior Courts preventing Accountability Courts from proceeding with National Accountability Bureau references filed before them---Accused were behind the bars while their cases had been stayed---Requirement of Preamble and S.16(a) of National Accountability Ordinance, 1999 provided for expeditious trials---Many trials before Accountability Courts had come to a grinding halt and were not serving interests of justice---High Court lifted/withdrew interim restraining/stay order in connection with any of proceedings related to petitions and directed to continue proceedings including hearing of final arguments and announcements of s by Accountability Courts and to proceed with any such references pending before court---Constitutional petition was disposed of accordingly. Amjad Hussain v. Chairman NAB 2017 YLR 1 and Abdul Aziz Memon v. NAB PLD 2013 SC 594 rel. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, JUSTICE:---.--- We propose to dispose of the above petitions through this common order since in essence they involve the same point of law. 2. The brief facts of the case are that the National Accountability Bureau (NAB) has filed references against the petitioners for corruption and corrupt practices under the National Accountability Ordinance, 1999 (NAO) and in all these cases the monetary value involved is less that Rs. 100M. 3. The learned counsel for the petitioners have submitted that following the Order of this Court in the case of Amjad Hussain v. Chairman NAB (2017 YLR 1) the NAB had no authority to file references against them which were less than Rs.100M and that such references should be transferred from the Accountability Courts to other courts which are competent to hear anti corruption matters. 4. In this regard they have cited various…
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