Law: National Accountability Ordinance, 1999

Section: 23,32

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 32--- Appeal--- Maintainability--- Limitation--- Ex-post facto sanction---National Accountability Bureau authorities filed appeal against passed by Accountability Court but same was both delayed and without sanction of Chairman, NAB within mandatory and stipulated time period---Validity---Till filing of appeal no sanction was available on record and there was no concept of Ex-post facto sanction in National Accountability Ordinance, 1999---Sanction so accorded did not fulfill legal requirement of law and efforts were made to divert mind of court and cover-up inefficiencies of NAB authorities---High Court declared that appeal filed by NAB was not competent on account of unexplained delay of 3 days and having been filed without obtaining sanction/approval of Chairman, NAB which was mandatory in nature---Undated sanction placed on record did not meet legal requirement and was just an attempt to frustrate legal proceedings---Appeal was dismissed in circumstances. 2003 MLD 777; PLD 2006 Kar. 236; 2008 YLR 372; PLD 2012 SC 903 and PLD 2014 Sindh 490 ref. PLD 1972 SC 271 rel. (b) Administration of justice--- ----Doing of an act---Principle---When law requires a particular act to be done in a particular manner, it was to be done in the way as provided and not otherwise. Mirbaz Ali Faraz v. NAB 2016 PCr.LJ 1431 and Muhammad Nasir v. The State 2016 PCr.LJ 1871 rel. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, J.--- By dint of the present appeal bearing No. Cr. Appeal 05/2019 which has been filed by the NAB authorities under section 32 of the NAB Ordinance, 1999, against the judgment/order of trial Court dated 20.02.2019, the NAB has prayed for reversal of the impugned judgment passed by the learned Judge Accountability Court Gilgit. 2. On 11.03.2019 when the instant appeal came for hearing, the learned Special Prosecutor NAB, was asked to satisfy the Court on the following two core issues:- a. The Judgment of the learned trial Court was announced on 20.02.2019. Learned Special Prosecutor submitted an application for supply of copy on the same day which has been supplied to him on 21.02.2019 but the instant…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492