Law:

Section:

(a) Interpretation of statutes-------Special law excludes application of general law in the context in which the former provision has been enacted. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 16-A(b)--- Criminal Procedure Code (V of 1898), S.526---Constitution of Pakistan, Art. 185(3)--- Transfer of case---Complainant's right--- Special and general law--- Applicability---Petitioner sought transfer of criminal case from a court of ordinary jurisdiction to Accountability Court but High Court declined to interfere in the matter---Plea raised by petitioner was that provisions of National Accountability Ordinance, 1999, had not excluded application of general law i.e. S.526, Cr.P.C.---Validity---Insertion of S.16-A in National Accountability Ordinance, 1999, was intended to lay down a special procedure and thereby provided a right to Chairman NAB and also to Prosecutor-General Accountability and accused in a given case to seek transfer on grounds stipulated therein, as such it was to limit such right to those who were directly involved in a case so as to prevent and avoid vexatious proceedings and frivolous petitions---If petitioner felt strongly about the grounds agitated in his constitutional petition before High Court, he could move the Chairman NAB and the latter had to proceed as mandated in law---Supreme Court declined to interfere in the passed by High Court as the same was unexceptionable---Leave to appeal was refused. Sardar Muhammad Ghazi, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 15th February, 2012. ORDER TASSADUQ HUSSAIN JILLANI, J.---We were inclined to grant leave after hearing the petitioner's learned counsel. However, before we could sign the order, we thought that it requires further assistance and learned counsel was asked to assist. 2. Learned counsel for the petitioner has been heard at length. He contends that the petitioner's constitutional petition seeking transfer of the NAB Reference from the Special Judge, Accountability Court No.III, Rawalpindi has been dismissed for reasons not sustainable in law; that the learned High Court has not properly construed the import of section 16-A of…

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