| Citation(s) |
|---|
| 2018 SLG 2575 2018 SLD 2575 2018 CLD 1505 |
Constitutional Petitions Nos. D-633 of 2016, D-584, D-585, D-586, D-813, D-1170 of 2013, D-786 of 2012, D-3149, D-8716, D-7058, D-4394 of 2017, D-5148 of 2014, 5856 of 2016 and D-6538 of 2015, decision Dated: 7-05-2018. Dates of hearing: 8th, 9th, 28-03-2nd and 16th April, 2018.
Mehmood Nazir Rana for the State Bank of Pakistan (in C.P. No. D-633 of 2016). Salman Talibuddin, Additional Attorney-General for Pakistan along with Ms. Maria Ahmed on Courts Notice.
INTIKHAB A. SYED AND OTHERS
VS
CHAIRMAN, NAB AND OTHERS
Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
Section: 2(a)(g
Law: National Accountability Bureau Ordinance (XVIII of 1999)
Section: 5(r),25-A,31-D
(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 2(a)(g) [as amended by Financial Institutions (Recovery of Finances) (Amendment) Act (XXXVIII of 2016)]----National Accountability Ordinance (XVIII of 1999), Ss. 5(r), 25-A & 31-D---Wilful default---Jurisdiction---Significant differences between S. 5(r) of National Accountability Ordinance, 1999 and S. 2(g) of Financial Institutions (Recovery of Finances) Ordinance, 2001[as amended by Financial Institutions (Recovery of Finances) (Amendment) Act (XXXVIII of 2016)], is that whilst Financial Institutions (Recovery of Finances) Ordinance, 2001 only applies to financial institutions and their customers, whereas National Accountability Ordinance, 1999 is of wider application---Some of the provisions of National Accountability Ordinance, 1999 vis- -vis wilful default are more advantageous to accused/defaulter as he has safeguard of S. 31-D of National Accountability Ordinance, 1999 and benefit of conciliation committee and ability to make a plea bargain under S. 25(b) of National Accountability Ordinance, 1999---One of the key and most important difference is sentence and disqualification period entailed in each piece of legislation---Period of sentence is up to 14 years imprisonment in National Accountability Ordinance, 1999 whilst in Financial Institutions (Recovery of Finances) Ordinance, 2001 it is up to 7 years imprisonment which is significantly lower--- Disqualification period in National Accountability Ordinance, 1999 is 10 years and disqualification period in Financial Institutions (Recovery of Finances) Ordinance, 2001 [as amended by Financial Institutions (Recovery of Finances) (Amendment) Act (XXXVIII of 2016)], is 5 years. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 2(a)(g) [as amended by Financial Institutions (Recovery of Finances) (Amendment) Act (XXXVIII of 2016)]---National Accountability Ordinance (XVIII of 1999), S. 5(r)---Wilful Default---Law applicable---Provisions of Financial Institutions (Recovery of Finances) (Amendment) Act, 2016 which amended Financial Institutions (Recovery of Finances) Ordinance, 2001 is later…
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