Law:

Section:

Pakistan Army Act, 1952 (XXXIX of 1952)-- ----S. 92--NAB Ordinance, 1999, S. 2--Promulgation of being holder of public office, misused his authority and accumulated assets disproportionate to his known sources of income--NAB filed a reference before Accountability Court was retired from Pakistan Army before promulgation of NAB Ordinance, 1999--No action had been taken within a period of six months--Under Section 92 of Army Act, where an offence had been committed by any person while subject to Army Act, and has seized to be so, he can be kept in military custody, tried and punished for such offence as if it continued to be so subject but he can be tried for an offence unless his trial had commenced within six months after he had seized to be subject to Army Act--Held: No action under the Army Act, had been taken against the petitioner within a period of six months. Constitution of Pakistan, 1973-- ----Arts. 12 & 199--Pakistan Army Act, S. 92--NAB Ordinance, 1999 (amending) Ordinance, (CXXXIII of 2002), S. 5(m)(iv)--Promulgation of--Protection against retrospective punishment--Applicability of NAB Ordinance--Interpreted by superior Courts--Validity--All laws shall apply prospectively viz. from the date of their promulgation and hence a person cannot be punished for an offence which did not exist on the statute book on the date when it was committed and also cannot be sentenced to a punishment higher or different than what was provided in the law at the time of crime. National Accountability Ordinance, 1999-- ----Ss. 2 & 5(m)(iv)--(Amendments through Ordinance, (IV of 2000) and (XXXIII of 2002)--Retrospective application from 1.1.1985--Offences and punishment provided in the body of Ordinance on the day when it was promulgated on 16.11.1999--Validity--Where new offences are created alongwith corresponding punishments or new punishments are provided for existing offences by virtue of amendments in the ordinance, they would not apply retrospectively so the amendments made through Ordinance (IV of 2000, and Ordinance, XXXIII of 2002) will not apply retrospectively relating to persons added in definition of holder of public office for the purpose of trying…

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