| Citation(s) |
|---|
| 2019 SLG 1177 2019 SLD 1177 2019 SCMR 846 |
Supreme Court of Pakistan
Criminal Appeals Nos. 322 and 323 of 2018, decision Dated 12-02-2019. Hearing Dated: 19-12-2018. (On appeal against the judgment Dated 30.01.2017 of the High Court of Balochistan, Quetta passed in Ehtisab Appeals Nos. 7 and 8 of 2015)
SH. AZMAT SAEED, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court, Muhammad Farooq, Advocate Supreme Court along with Muhammad Kasim Mirjat, Advocate-on-Record Syed Asghar Haider, PGA along with Haider Ali, Additional PGA and Imranul Haq Kha
Criminal Appeals Nos. 322 and 323 of 2018, decision Dated 12-02-2019. Hearing Dated: 19-12-2018. (On appeal against the judgment Dated 30.01.2017 of the High Court of Balochistan, Quetta passed in Ehtisab Appeals Nos. 7 and 8 of 2015)
SH. AZMAT SAEED, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court, Muhammad Farooq, Advocate Supreme Court along with Muhammad Kasim Mirjat, Advocate-on-Record Syed Asghar Haider, PGA along with Haider Ali, Additional PGA and Imranul Haq Kha
MUHAMMAD RAFIQ
VS
STATE (NAB)
Law: National Accountability Ordinance, 1999
Section: 18(g),6(b)(i),32,34A
Law: Constitution of Pakistan, 1973
Section: 184(3)
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 18(g) & 34A---Delegation of powers by Chairman, National Accountability Bureau ('NAB')---Scope---Reference filed against an accused by NAB at a time when post of Chairman, NAB was lying vacant---Maintainability---Delegated authority of Director General, NAB to file a Reference after office of Chairman, NAB became vacant---Legality---Authority to file a reference against an accused before the Accountability Court under S. 18(g) of the National Accountability Ordinance, 1999 ('the Ordinance') had been clearly vested in the Chairman, NAB or any officer of the NAB duly authorized by the Chairman---Combined reading of Ss. 18 & 34A of the Ordinance with the provisions of S.R.O. 731(I)/2006 dated 13-06-2006, revealed two striking features regarding the authority of the Chairman, NAB to file a reference against an accused; firstly, the Chairman, NAB had the legal authority to delegate his power to file a reference under S. 18(g) of the Ordinance, and secondly, the Chairman, NAB had delegated to the Director General, NAB the authority to file a reference under S. 18(g) of the Ordinance against, inter alia, a government official in BPS 16 and below---Authority of the Chairman, NAB to delegate his power to file a reference was, in fact, statutory delegation, as it had been vested in him by statute---Such delegated authority had neither been expressed, nor could it be inferred from the provisions of the Ordinance, to be time-bound in any manner whatsoever---In such circumstances, restricting the validity of the said delegated authority to the Director General, NAB to file a reference till the Chairman, NAB held office would be reading beyond the letter of the law---Principles of contractual delegation of authority under the 'principal and agent' regime could not be applied to statutory delegation of power, by Chairman, NAB to the Director General, NAB---At the time of filing of the reference by Director General, NAB against present accused, the delegated power to file a reference had not been revoked by the Chairman, NAB---As the Director General, NAB was competently delegated the authority to file a…
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