Law: National Accountability Ordinance, 1999

Section: 9

National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Corruption and corrupt practices---Misuse of authority---Appreciation of evidence--- Benefit of doubt--- Discriminatory investigation---Scope---Accused persons were alleged to have appointed 537 daily wagers whereas the Board of Directors had given approval for 428 appointments---Board of Directors in its earlier meetings had authorised the employment of 121 personnel for regular positions but the appointments were not made due to lack of funds, hence, daily wagers were appointed---No law, rule, regulation or SOP in vogue, existed for appointment of daily wagers---Appointments were made as per the prevailing practice---Six Members Scrutiny Committee had recommended the daily wagers for appointment; the appointments were needed for smooth running of the company---No witness had testified that the accused persons had made any illegal or unlawful gain or advantage from the appointment of daily wagers---Prosecution could not prove beyond reasonable doubt that the accused persons had misused their authority--- Incomplete and discriminatory investigation was carried out by the Investigating Officer---Appeals against conviction were allowed, in circumstances. THIS JUDGMENT DELIVERED BY: OMAR SIAL, JUSTICE:---.--- Muzaffar Ali Abbasi (appellant in Criminal Accountability Appeal No. 19 of 2017) and Ali Anwar Jokhio (appellant in Criminal Accountability Appeal No. 23 of 2017) have impugned a judgment dated 24.8.2017 passed by the learned Accountability Court, Hyderabad. In terms of the said judgment, both appellants were convicted for an offence under section 9(a)(vi) of the National Accountability Ordinance, 1999 and each was sentenced to suffer rigorous imprisonment for ten years and pay a fine of Rs.52,084,243.50. 2. Muzaffar Ali Abbasi was the Chief Executive Officer of Hyderabad Electric Supply Company (HESCO) whereas Ali Anwar Jokhio was HESCO's Incharge Administration and HR director in the year 2013. The case against them is that they appointed 537 daily wagers in HESCO whereas the Board of Directors had given approval for 428 appointments. 3. National Accountability Bureau filed Reference bearing…

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