Law: National Accountability Ordinance, 1999

Section: 8(d),18(g),32,34,34A

National Accountability Ordinance, 1999 (XVII of 1999)-- ----Ss. 8(d)/18((g)/32/34--Powers of Chairman NAB--Delegation of powers of chairman--Reference filed by NAB, when post of chairman NAB vacant--Conviction was upheld--Whether when there is no permanent Chairman of the NAB, no other officer of the Bureau can perform the functions or exercise the powers of the Chairman--According to S. 18 (g), the Chairman NAB, shall appraise the material and the evidence, and if he decides that it would be proper and just to proceed further, he shall refer the matter to Court--NAB carrying out two functions is that for filing an appeal against a decision of the Accountability Court U/S 32 of the Ordinance, he has not been vested with the power to delegate his said authority to any other officer of NAB, while in the case of filing a reference U/S 18(g), he is empowered to do so--The legislature in its wisdom has accordingly dealt with the same separately in the Ordinance--The Chairman NAB may, by an order in writing, delegate any of his powers to and authorize performance of any of his functions by, an officer of the NAB as he may deem fit and proper--Chairman NAB delegate my powers to the officers of NAB to the extent indicated below for carrying out the purposes of the Ordinance with respect to authorization--Restricting the validity of the said delegated authority to the Director General, NAB to file a reference till the Chairman, NAB holds office would be reading beyond the letter of the law. This would surely be against the settled principles of interpretation of statutes--The reasons rendered for accepting the prosecution evidence and rejecting that of the defense are based on safe and settled principles of administration of criminal justice. Suffice it to state that NAB discharged its initial onus by producing sufficient evidence--Conviction awarded and sentence rendered by the High Court in the impugned decision do not warrant interference--Appeals are dismissed. PLD 2011 SC 1109; PLD 2011 SC 365; PLD 2011 SC 811; 2018 SCMR 1005; 2006 SCMR 129 ref. Jurisdictional contours of the authority of Chairman, NAB-- ----Jurisdictional contours of the authority of Chairman,…

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