Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9(c),15,25

Law: Constitution of Pakistan, 1973

Section: 185(3)

National Accountability Bureau Ordinance (XVIII of 1999)---- ----Ss. 9(c), 15 & 25---Constitution of Pakistan (1973), Art.185(3)--­Disqualification to- contest election---Voluntary return (plea bargaining)--­Petitioner was declared disqualified under S.15 of National Accountability Bureau Ordinance, 1999, to contest election on the ground that the petitioner was released on voluntary return (plea bargaining)---Contention of the petitioner was that the Chairman, National Accountability Bureau had released him in exercise of powers under S.9(c) of the National Accountability Bureau Ordinance, 1999, and the disqualification mentioned in S.15 of the said Ordinance was not applicable---Validity---Contention overlooked the striking feature of the warrant of release that the petitioner was released by the Chairman in exercise of powers under S.25 of the National Accountability -Bureau Ordinance, 1999, read with Ss.9(c) & 15 of the Ordinance and not on the strength of the powers under S.9(c) of the. Ordinance alone---Guidelines for release of an accused person, recovery of the amount in respect of which the offence had been committed and imposition of conditions in respect thereof were provided in the provisions of S.9(c) of National Accountability Bureau Ordinance, 1999, and the same had no nexus with disqualification of an accused person who had availed the benefit of S.25 of National Accountability Bureau Ordinance, 1999, for which there existed a specific provision in the Ordinance in the form of S.15---Supreme Court clarified if the legislative intent was that disqualification to contest elections or to hold a public office should be imposed as a condition under S.9(c) of National Accountability Bureau Ordinance, 1999, then the proviso to S.15 of National Accountability Bureau Ordinance, 1999, would not have been enacted and made part of the Ordinance---Election Authorities had rightly declared the petitioner as disqualified to contest the election for National Assembly---Leave to appeal was refused. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This common judgment will dispose of the above mentioned three election-related petitions for leave to appeal which have…

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