| Citation(s) |
|---|
| 2021 SLG 1763 2021 SLD 1763 2021 PCRLJ 824 |
Islamabad High Court
W.Ps. Nos. 1053-Q, 1067-Q and 1085-Q of 2020, decided on 19th January, 2021, Date of hearing: 21st October, 2020.
AAMER FAROOQ, JUSTICE
Muhammad Amjad Iqbal Qureshi, Ch. Khurshid Anwar Bhinder and Muhammad Arshad Tabrez for Petitioners. Jahanzeb Khan Bharwana, Additional Prosecutor General, NAB, Sardar Muzaffar Khan Abbasi, Deputy Prosecutor General, NAB, Syed Jalal Hussain, Special Pros
W.Ps. Nos. 1053-Q, 1067-Q and 1085-Q of 2020, decided on 19th January, 2021, Date of hearing: 21st October, 2020.
AAMER FAROOQ, JUSTICE
Muhammad Amjad Iqbal Qureshi, Ch. Khurshid Anwar Bhinder and Muhammad Arshad Tabrez for Petitioners. Jahanzeb Khan Bharwana, Additional Prosecutor General, NAB, Sardar Muzaffar Khan Abbasi, Deputy Prosecutor General, NAB, Syed Jalal Hussain, Special Pros
SUBAH SADIQ MALIK AND OTHErs
VS
NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND OTHErs
Law: National Accountability Ordinance, 1999
Section: 9(a)(vi)
Law: National Accountability (Amendment) Ordinance, 2019
Section: 36
Law: Criminal Procedure Code (V of 1898)
Section: 265-k
Law: Constitution of Pakistan, 1973
Section: 199
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) [as amended by National Accountability (Second Amendment) Ordinance (XXVII of 2019)] 36---Criminal Procedure Code (V of 1898), S. 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of proceedings---Amendment, lapse of---Effect---No illegal benefit gaineds were ex-officials of National Accountability Bureau (NAB) who were accused of misusing their authority to extend benefit to an accused in a reference prepared by them---Trial Court declined to extend benefit of amended law to accused persons and their application for acquittal was dismissed---Validity---Matter of inquiry was concluded expeditiously which was within the mandate of National Accountability Bureau, which envisaged expeditious conclusion of inquiry as well as investigation--- Amendment was made in National Accountability Ordinance by virtue of which an explanation was added to S. 9(a)(vi) of National Accountability Ordinance, 1999---Amendment Ordinance lapsed but its effect and consequence of lapse were not considered by Trial Court---Charges against petitioners were silent vis-a-vis S. 36 of National Accountability Ordinance, 1999---High Court set aside order in question and remanded the matter to Trial Court for decision afresh on application of acquittal filed by petitioners--- Constitutional petition was allowed accordingly. Dr. Ghulam Mustafa v. The State 2008 SCMR 76; Muhammad Mansha v. Station House Officer, Police City Chiniot District Jhang and others PLD 2006 SC 598; The State v. Tariq Nouman and another PLD 2013 Bal. 138; Sikandar A. Kareem v. The State 2011 MLD 313; Muhammad Khalid Mukhtar v. The State PLD 1997 SC 275; Pakcom Limited and others v. Federation of Pakistan PLD 2011 SC 44; The State v. Sultan Ahmed and others PLD 2007 SC 48; Member (taxes) Board of Revenue Punjab v. Qaiser Abbas and others 2019 SCMR 446; Shahida Bibi and others v. Habib Bank Limited and others PLD 2016 SC 995; Air League of PIAC Employees through President v. Federation of Pakistan 2011 SCMR 1254; Malik Din v. Chairman, NAB 2019 SCMR 372; The State v. Anwar Saif Ullah Khan PLD 2016 SC 276; Suo Motu Case No.18…
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