Law: National Accountability Ordinance, 1999

Section: 17(a)

Law: Criminal Procedure Code (V of 1898)

Section: 465

National Accountability Ordinance (XVIII of 1999)--- ----S. 17(a)---Criminal Procedure Code (V of 1898), S. 465---Lunatic, declaration of---Proceedings---Husband of petitioner was facing trial under National Accountability Ordinance, 1999---Plea raised by petitioner was that without constituting Medical Board, Trial Court had declined to declare her husband as lunatic---Validity---Trial Court made its own assessment of accused who had been appearing before it on a regular basis and was not of such unsoundness of mind and incapable to make his defence---Order passed by Trial Court was both a detailed and speaking order and it had attended all relevant issues---High Court declined to interfere in the order passed by Trial Court---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- By this order we propose to dispose of the above mentioned petition filed by Mst. Rahila Batra wife of Fawad Ahmad Batra (petitioner) whereby the order of Accountability Court No.IV, Sindh at Karachi in Reference No.09/2009 (State v. Fawad Ahmad Batra and others) dated 22.11.2017 (impugned order) has been challenged. 2. The brief facts of the case are that the husband of the petitioner is facing trial in Reference No. 09 of 2009 filed by the National Accountability Bureau (NAB) under the National Accountability Ordinance, 1999 (NAO) for his involvement in corruption and corrupt practices, more particularly his role in embezzling approximately RS7 crore whilst he was Habib Bank Limited (HBL) Garden Branch Manager through operating a parallel banking system with other co-accused who have now entered into plea bargains under NAO, which reference is presently proceedings before the Accountability Court No.IV, Karachi and his case is at an advanced stage, whereby the I.O. is now subject to cross-examination. Earlier the petitioner had filed an application under section 465, Cr.P.C. which was dismissed by the Accountability Court vide order dated 02.12.2015. This order was challenged by the petitioner before this court which this court dismissed vide a detailed order dated 03.10.2017. The petitioner did not appeal the aforesaid order…

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