Law: National Accountability Ordinance, 1999

Section: 5(m),18(c)

(a) Criminal trial--- ----Absconder---Entitlement to relief---Scope---Person who is fugitive from law and who does not surrender to process of justice is neither entitled to any relief nor can a power of attorney executed by him in favour of a counsel can be accepted, except under exceptional circumstances. Hayat Bakhsh and others v. The State PLD 1981 SC 265; Chan Shah v. The Crown PLD 1956 FC 43; Mohtarma Benazir Bhutto, M.N.A. Leader of the Oppostion Bilawal House, Karachi v. The State through Chief Ehtesab Commissioner 1999 SCMR 1619 and The State through National Accountability Bureau, Islamabad v. Haji Nasim-ur-Rehman PLD 2005 SC 270 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(m) & 18(c)---Ex-Army Chief and President of Pakistan---Initiation of inquiry/investigation---Grievance of petitioner was that National Accountability Bureau declined to initiate inquiry/ investigation against ex-Army Chief who also remained the President of Pakistan---Validity---Member of Armed Forces who had been President of Pakistan could not claim immunity or exemption from being subjected to National Accountability Ordinance, 1999---Member of Armed Forces, after retirement or resignation was also exposed to being proceeded against under National Accountability Ordinance, 1999, as immunity in such eventuality had come to an end---Any interpretation otherwise would render S.5(m) (i) and (vi) of National Accountability Ordinance, 1999, as redundant---National Accountability Bureau was vested with power and jurisdiction to consider complaint of petitioner and after such consideration if it was of the opinion that an offence under National Accountability Ordinance, 1999, was prima facie made out, then it was its duty to proceed to inquire, investigate and take all other steps mandated under National Accountability Ordinance, 1999---Across the board accountability was an onerous statutory obligation of National Accountability Bureau under the mandate of National Accountability Ordinance, 1999---Public trust and confidence was hallmark of effective and result oriented accountability---Bureau was to consider every information or complaint laid before it…

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