Case Details

Citation(s)
2019 SLG 397 2019 SLD 397 2019 SCMR 372
Supreme Court of Pakistan
Criminal Petition No. 300 of 2018, decision & hearing Dated: 06-12-2018. (On appeal against the judgment/order Dated 22.01.2018 of the Islamabad High Court, Islamabad passed in Criminal Appeal No. 95 of 2017)
SH. AZMAT SAEED, JUSTICE MUSHIR ALAM, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Raja M. Ibrahim Satti, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: Jehanzeb Bharwana, Additional PG NAB

MALIK DIN

VS

CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU AND ANOTHER

Law: National Accountability Ordinance, 1999

Section: 9(a)(vi),18(b)(ii)

Law: Constitution of Pakistan, 1973

Section: 25

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) & 18(b)(ii)---Administrator of Housing Society---Misuse of authority in allotting and converting plots---Initiation of reference against accused---Procedure---Complaint letter received from Standing Committee of Senate of Pakistan on Law, Justice and Human Rights ("Standing Committee")---Plea of accused that case against him lacked jurisdiction, as it was initiated on the basis of a letter/recommendation of the Standing Committee, which was alien to the prescribed procedure ordained in the National Accountability Ordinance, 1999, and thus, vitiated the entire structure built thereon---Held, that letter of the Standing Committee would fall within the purview of a complaint, as provided under clause (ii) of subsection (b) of S. 18 of the National Accountability Ordinance, 1999---Stance taken by the accused regarding jurisdictional defect in initiating a reference against him was, therefore, misconceived. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi)---Constitution of Pakistan, Art. 25---Administrator of HousingSociety---Misuse of authority in allotting and converting plots---Criminal jurisprudence---Defence---Discrimination, plea of---Contention on behalf of accused that the action of National Accountability Bureau (NAB) against him was discriminatory, as it had singled him out to the exclusion of the other hundreds of housing societies mentioned in the complaint letter sent to NAB by the Standing Committee of the Senate---Held, that it was a settled principle of criminal jurisprudence that challenging prosecution on the ground of discrimination by the State could not be a complete valid defence to absolve an accused from criminal liability arising from his actions or inactions---Any person charged for a crime was answerable for his own acts or omissions and had to defend himself in a trial for the said charged offence---Plea of discrimination raised by accused was legally incorrect. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi)---Administrator of Housing Society---Misuse of authority in allotting and converting amenity plots for…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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