Law: National Accountability Ordinance, 1999

Section: 9(a)(vi)

Law: Criminal Procedure Code (V of 1898)

Section: 540A

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi)---Constitution of Pakistan, Art. 199---Criminal Procedure Code (V of 1898), S.540-A---Constitutional petition---Exemption from personal appearance of accused---Principles---Petitioner facing trial under National Accountability Ordinance, 1999 sought exemption from personal appearance and direction to the authorities for removal of his name from Exit Control List---Contention of petitioner was that presiding judge of the concerned court was absent---Validity---Proceedings in criminal trial were regulated exclusively by Trial Court before which matter was pending---If a Trial Court was not functional temporarily because of absence of presiding judge, duty judge was competent to decide application seeking exemption from personal appearance when accused intended to travel abroad---High Court, while exercising constitutional jurisdiction under Art.199 of the Constitution, declined to interfere in the matter relating to a pending trial which was regulated exclusively by Trial Court---Every matter thereto, particularly exemption from personal appearance had to be dealt with in manner prescribed by Legislature under Criminal Procedure Code, 1898---High Court could not bypass a Trial Court as that would have effect of rendering legislative wisdom of enacting Criminal Procedure Code, 1898 as redundant---Constitutional petition was dismissed in circumstances. Yusuf J. Ansari v. Government of Pakistan through Secretary, Ministry of Interior Islamabad and others Constitution Petition No.4325 of 2014; Gohar Ullah v. Federation of Pakistan through Secretary Ministry of Interior and others 2019 YLR 781; Dr. Asim Hussain v. Federation of Pakistan through Secretary Interior and 3 others PLD 2017 Sindh 665; Mrs. Humaira Khurram Khan v. Secretay, Ministry of Interior and 3 others 2016 PCr.LJ 1226; S.Akbar Ali Shah v. Federation of Islamic Republic of Pakistan through Secretary, Ministry of Interior 2011 MLD 1536 and Asif Kamal v. Government of Pakistan and others 2016 YLR 177 ref. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, C.J.--- The petitioner, namely Raja Pervez Ashraf, is the former Prime Minister of…

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