Law: National Accountability Ordinance, 1999

Section: 9(a)(vi),(xii),10,18(b)(g),24(b)

Law: Criminal Procedure Code (V of 1898)

Section: 342

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 18(b)--Cognizance of offence--Jurisdiction of NAB--Three different modes to initiate a reference--Clause (ii) (supra) is so worded to encompass a complaint filed by any person against another accusing him of committing corruption to be basis for NAB to initiate a reference under Ordinance--Now, when Court consider letter of Standing Committee, same would surely fall within purview of a complaint, as provided under clause (ii) of sub-section (b) of Section 18 of Ordinance stated above--Thus, stance taken by learned counsel for petitioner to challenge entire reference on touchstone of this alleged jurisdictional defect in initiating a reference against petitioner is misconceived. Criminal Jurisprudence-- ----Principle--It is by now a settled principle of criminal jurisprudence that challenging prosecution on ground of discrimination by State cannot be a complete valid defence to absolve an accused from criminal liability arising from his actions or inactions--Any person charged for a crime is answerable for his own acts or omissions and has to defend himself in a trial for said charged offence. National Accountability Ordinance, 1999 (XVIII of 1999)-- ----Ss. 9(a)(vi) & (xii) & 10--Corruption and corrupt practices--Conviction and sentenced by NAB--Challenge to--There are two major allegations against petitioner--Firstly, that he proceeded to act as Administrator of Society beyond 60 days for which he was appointed; and secondly, that he allowed allotments and conversion of reserved residential or graveyard plots for commercial purposes--Prosecution produced sufficient evidence to prove illegal exercise of authority by petitioner during his fifteen months stint as Administrator of Society; transfer of eleven plots, merger of two residential plots with part of land reserved for graveyard and converting same for commercial purposes for a twelve story building thereon; and finally, adverse financial implications of Rs. 686 million to Society--Courts below were correct in adjudging that prosecution was able to prove beyond doubt charges for illegal allotments and conversions carried out by…

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