Law:

Section:

(a) Constitution of Pakistan (1973)--- _---Art. 12---Retrospective punishment---Article 12(1)(a) of the Constitution furnishes a guarantee that an act or omission, which was not punishable by law at relevant time cannot be made punishable subsequently and no offence can be created retrospectively---Act which was innocent at the time of its commission could not be made punishable by subsequent legislation Nabi Ahmad and another v. Home Secretary, Government of West Pakistan, Lahore and 4 others PLD 1969 SC 599 ref. (b) Constitution of Pakistan (1973)--- ----Art. 12---Penal Code (XLV of 1860), Ss.409, 420, 468, 471 & 109--­Prevention of Corruption Act (11 of 1947), S.5(2)---Ehtesab Ordinance fCXI of 1996), Preamble---Protection against retrospective punishment---Case against accused was registered under 5.409/420/468/471/109, P.P.C. read with S.5(2), Prevention of Corruption Act, 1947---Investigating Agency submitted the report under 5.173, Cr.P.C. and in the meanwhile Ehtesab Ordinance, 1996 came into force and the matter was referred to Chief Ehtesab Commissioner and case was forwarded for trial under the Ordinance---Validity---Acts or omissions forming part of charge were not innocent even in 1986 when the same had been committed and facts constituting offence also remained same---Neither any greater penalty nor of different kind had been provided in Ehtesab Ordinance, 1996---No new offence having been created, Art. 12(1)(a) of the Constitution of Pakistan was not attracted in circumstances. (c) Constitution of Pakistan (1973)--- ----Arts. 48(1)(5) & 89---Ehtesab Ordinance (CXI of 1996), Preamble---Power of President to promulgate Ordinance---Caretaker Prime Minister's power to advise the President to promulgate Ordinance is not restricted or curbed in any manner---Nothing was legally wrong on the part of President to issue Ehtesab Ordinance, 1996 on the advice of Caretaker Prime Minister. (d) Constitution of Pakistan (1973)--- ----Art. 12---Ehtesab Ordinance (CXI of 1996), Preamble---Protection against retrospective punishment---Matters of procedure are not covered by Art.12 of the Constitution of Pakistan. (e) Constitution of Pakistan (1973)---…

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