| Citation(s) |
|---|
| 2018 SLG 795 2018 SLD 795 2018 PLJ 521 |
W.Ps. Nos. 3883, 3884 and 3885 of 2017, decision Dated: 04-12-2017, hearing Date : 23-11-2017.
AAMER FAROOQ, JUSTICE, MOHSIN AKHTAR KAYANI, JUSTICE
Azam Nazir Tarar, Amjad Hussain, Khawar Ikram Bhatti, Saad Hashmi and Raja Khurram Shahzad for Petitioner. Sardar Muzaffar Ahmad Khan, M. Afzal Qureshi, M. Asghar Awan and Irfan Ahmad Boota for
Respondents.
MIAN MUHAMMAD NAWAZ SHARIF
VS
THE STATE THROUGH CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD AND ANOTHER
Law:
Section: 9(a)(iv)(v),17(d)
(a) Interpretation of statutes--- ----Words used by legislature were to be read and understood in plain and ordinary meaning. (b) Interpretation of statutes--- ----'May'---Connotation---Words 'may' is discretionary and enabling word unless subject matter shows that exercise of power given by provision using word 'may' was intended to be imperative by person to whom power is given---Word 'may' in isolation from context in which it is used in a statute, has to be treated as permissive in nature and imports a discretionary power. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(v) & 17(d)---Criminal Procedure Code (V of 1898), S. 234---Offences of same kind---Scope---Provisions of National Accountability Ordinance, 1999 and S. 234, Cr.P.C.---Comparison---Joinder of charges---Scope---Petitioner was facing trials in three References on charges of accumulating assets beyond his known sources of income allegedly accumulated in different periods--- Plea raised by petitioner was that all three trials should have been charged jointly in exercise of powers under S. 17(d) of National Accountability Ordinance, 1999---Validity---Comparison of S. 17(d) of National Accountability Ordinance, 1999 and S. 234, Cr.P.C. showed that former was made more open-ended as there was no restriction in the same as to time and number of offences with which a person could be charged and tried in one trial---Offences of the same kind were not defined in National Accountability Ordinance, 1999, however, definition/explanation of concept was provided in S. 234(2), Cr.P.C.---Offences were of same kind when they were punishable with same amount of punishment, under same section of P.P.C. or any special or local law---Joinder of charges as provided under S. 234, Cr.P.C. was procedural as well as directory and not mandatory---Accused could not insist for joinder of charges unless it could be shown that separate trials or charges would prejudice his case to such an extent that same amounted to illegality---Petitioner had no vested right to claim joinder of charges or be tried together in one trial against three References---High Court in exercise of Constitutional…
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