Law: National Accountability Ordinance, 1999

Section: 18(c),16(a)

Law: Criminal Procedure Code (V of 1898)

Section: 156,173,173(2)

(a) Criminal trial--- ----Re-investigation---Discharge of accused---Prerequisites---No provision of law existed preventing an investigating agency from conducting reinvestigation or even multi-investigations after discharging an accused in earlier investigation---Such is subject to condition that investigator has discovered some new evidence connecting accused with commission of offence which were not in his knowledge during earlier investigation---If investigating agency intends to reinvestigate case, right course is to seek permission form Magistrate or a Court which passed for closure for earlier investigation. (b) National Accountability Ordinance (XVIII of 1999)--- ----S.18(c)---Seventeen years old case---Reinvestigation---"Investigation by National Accountability Bureau (NAB) and "Police investigation"---Distinction---National Accountability Bureau was aggrieved of order passed by Accountability Court denying reinvestigation of the case---Lot of difference existed between manner and procedure of investigation conducted by police and NAB as latter had more resources and time to collect all possible evidence---Presumption after closure of earlier investigation, was that accused was granted clean chit---If in same case, reinvestigation was requested by NAB authorities, it had to approach Accountability Court concerned and must show that some new and important evidence was collected connecting accused with commission of offence which for reason, could not be collected at time of earlier investigation---Accountability Court was not to blindly follow opinion of investigator and upon its satisfaction could order reinvestigation by assigning reasons---Accused persons, in the present case, were facing inquiry and investigation for a long period and inquiry started in year 2002---In between period, accused persons were called many times during inquiry as well as during investigation---Investigation/case was closed on request of Chairman NAB by Trial Court, even when Trial Court noticed accused persons at time of filing application for investigation/reopening of case, same were received unserved to extent of some accused persons as some of them reportedly had…

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