Law: National Accountability Ordinance, 1999

Section: 16(a)

Law: National Accountability Ordinance, 1999

Section: 16(a)

(a) Criminal trial----Justice delayed is justice denied---Rights of accused and obligation of the State pointed out. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 16(a)---Trial of offences---Tenure of trial---Rationale behind enactment of S.16(a) National Accountability Ordinance, 1999 elucidated---High Court observed that a question for consideration of the concerned authorities would be whether the prosecutors working for National Accountability Bureau and its different forums were respecting the provision of S.16(a) of the Ordinance or not and were skilled for meeting the requirements of law and that it was for the authorities to take curative measures so that the intention and the spirit of law was respected in the matter of the tenure of trial. The offence may be of a very serious nature calling for a prolonged trial but it is not expected to be an unending exercise. The object of criminal justice is to confront a criminal with the charge as early and precisely as possible while following the due process and not to punish him before the verdict through a prolonged incarceration. There is truth in the proposition that justice delayed is justice denied. In cases which end in the acquittal of an accused, a question often arises as to who will be responsible for his agony, pain and hardship due to the prolonged period of his incarceration and the delayed trial. Whereas, in case he remains on bail he can still be made to suffer an imprisonment after the trial. An accused is not only entitled to a fair trial but also to a proper and humane treatment. A proper treatment envisages an honest investigation, an honest preparation of the record and the charge-sheet and a trial without delay. A State is under an obligation to ensure that its Courts were well-equipped with the required manpower for handling the trials with dispatch. Likewise the prosecutors are required to be equipped with the required skills essential for establishing a foolproof case before a Court without much cost of time. Section 16(a) of the National Accountability Ordinance, 1999, has been enacted with such a rationale. It has laid a period of 30 days for disposing of a trial. A…

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