Case Details

Citation(s)
2008 SLG 587 2008 SLD 587 2008 PLD 105
Lahore High Court
Writ Petition No. 7880 of 2007, decided on 26th November, 2007
MUHAMMAD MUZAMMAL KHAN AND SYED SHABBAR RAZA RIZVI, JJ
Sh. Zia Ullah for Petitioner. Ch. Abdus Sattar, Special Prosecutor for NAB

Syed NADEEM HASSAN KAZMI

VS

CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD and 3 others

Law: Constitution of Pakistan, 1973

Section: 199,25

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: National Accountability Ordinance, 1999

Section: 16A(a),5(m)(iv),5,18,18(c),18(e),18(g),4 ,9

Law: Pakistan Penal Code, 1860

Section: 406,420,468,471,109

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 16A(a), 4 & 9---Penal Code (XLV of 1860), Ss.406/420/4681 471/109---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Arts. 25 & 199---Constitutional petition---Jurisdiction of Accountability Court to try the accused, employee of a private bank, challenged---Case of accused had been transferred to the Accountability Court from the Banking Court on application/reference of Acting Chairman, NAB---Validity---Said officer was competent to do so under S.16A(a) of the National Accountability Ordinance, 1999---Accountability Court under S.16A(a) of the said Ordinance could also recall the witness already examined by the Special Court, if necessary---Since proceedings were pending before a competent Court, Art. 25 of the Constitution was not violated---Accused, no doubt, was an employee of a private bank and he was not holding a public office, but he was amenable to the jurisdiction of the Accountability Court---Under Ss.4 & 9 of the National Accountability Ordinance, 1999, a holder of public office as well as a private person and a citizen of Pakistan had to be tried by the Accountability Court under the said Ordinance, which was applicable even on the serving and retired persons in the service of Pakistan and all other persons---Impugned order was consequently upheld and the Constitutional petition was dismissed accordingly. Black's Law Dictionary, 6th Edn. P1095 and Muhammad Nazim ud Din v. Chairman, NAB PLD 2007 Kar. 586 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)---Scope---Not only a holder of public office, but also any other person who is not a holder of public office is amenable to the jurisdiction of an Accountability Court under the National Accountability Ordinance, 1999. ORDER The learned counsel has filed this writ petition under Article 199 of the Constitution of Pakistan. In this writ petition, the learned counsel has challenged the jurisdiction of the Accountability Court, Lahore in the case of present petitioner. 2. Briefly, on 23-9-1998, an F.I.R. No.C/59/98-SBC(c)/59/98/ FIA/ECC) was registered at P.S.,…
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