Law: National Accountability Ordinance, 1999

Section: 18(b)(ii),32,9(a)(ix),18,31D,5(r)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 415

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 18(b)(ii) & 32---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan, Art.199---Constitutional petition---Cognizance of offences---Private complaint---Complainant could not take charge of proceedings initiated under the National Accountability Ordinance, 1999 and effect independent representation in such proceedings---Petitioner sought direction from the high Court inter alia for restraining NAB officials from taking coercive actions against them and to quash the proceedings initated by NAB on private complaint by the complainant Bank---Complainant Bank was sought to be impleaded in the proceedings as a respondent---Validity---Perusal of S.18(b)(iii) of the Ordinance showed that the Chairman or an officer of the NAB duly authorized by the Chairman, was empowered to initiate proceedings against any person "on receipt of a complaint" but the entire Ordinance did not confer any right upon the complainant to take charge of the proceedings initiated by the Chairman NAB or to effect representation independently---Law in such respect was so rigid that it did not even permit the Accountability Court to take cognizance of any offence except on a reference made by the Chairman NAB or an officer of the NAB duly authoriszed by the Chairman NAB---Section 32 of the National Accountability Ordinance, 1999 provided a right of appeal which reflected that no right of the appeal had been conferred upon the complainant, and even in those cases which were initiated on basis of private complaint, the right of appeal had been exclusively conferred upon the Chairman NAB or the convict---High Court held that the National Accountability Ordinance 1999 was limited to its application to only those who were provided with the right of appeal under the Ordinance---Application of complainant Bank to be impleaded as a respondent was dismissed, however, High Court allowed the counsel of the respondent to assist the prosecution. The State v. Fazal Ahmed and others SBLR 2013 Sindh 489 and Capt. (Retd.) Nayyar Islam v. Judge, Anti-Terrorism Court No.III and others 2012 SCMR 669 rel. (b) National Accountability…

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