Law: National Accountability Ordinance, 1999

Section: 9,10,18,19,24,32

National Accountability Ordinance (XVIII of 1999)---.--- ---.---Ss. 9, 10, 18, 19, 24 & 32---.---Misuse of authority, corruption and corrupt practices---.---Appreciation of evidence---.---Investigation in the case was conducted by a person who posed himself to be Investigating Officer, whereas he was not duly authorized by the Chairman NAB to conduct the investigation in the case under S.18(c) of National Accountability Ordinance, 1999---.---Interference of Federal Investigation Agency in the case was also in violation of S.18(d) of the Ordinance---.---Procedure provided by S.18 of the National Accountability Ordinance, 1999 was mandatory in nature and the Chairman NAB was bound to follow the special procedure to proceed a person against, under the said Ordinance---.---In the present case, not. only mandatory procedure provided by S.18(c)(d)(g) of National Accountability Ordinance, 1999 had been violated, but S.19 of the Ordinance had also been violated---.---Such violations were not merely technical, but the entire investigation, inquiry, appraisal of the evidence and calling of persons for information in the case and the report submitted under S.173, Cr.P.C. by a self-assumed Investigating Officer, were nullity and without any legal sanction---.---In the present case conditions precedent envisaged in S.18(c)(d)(e)(g) and S.19 of the National Accountability Ordinance, 1999 having been utterly and obviously violated, proceedings followed by the void investigation conducted by the officer without authority, had become void, illegal and without jurisdiction---.---Reference made by the Chairman NAB under S.18(a) of National Accountability Ordinance, 1999 and trial by Accountability Court was vitiated---.---Entire proceedings against accused persons in the case being nullity and without jurisdiction, conviction and sentence awarded were set aside and they were acquitted, in circumstances. Islamuddin Shaikh v. Federation of Pakistan and others PLD 2001 SC 419; Khan Asfandyar Wali's case PLD 2001 SC 607 and Rashid Ahamad v. The State PLD 1972 SC 271 ref. THIS JUDGMENT DELIVERED BY: MUZAFFAR ALI, JUSTICE:---.--- We propose to dispose of the Appeals Nos. 16/08 and…

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