Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Preamble---Object of National Accountability Ordinance, 1999 is to expedite disposal of cases involving corruption, corrupt practices, misuse of power, misappropriation of property and matters connected therewith under National Accountability Ordinance, 1999, and to avoid procedural delays and technicalities. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 16-A(a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Transfer of case to Accountability Court---Principles---Trial Court, on application by Chairman, NAB, passed order for transfer of case to Accountability Court---Appellate Court set aside the order passed by Trial Court and dismissed application filed by National Accountability Bureau---Validity---Provision of S.16-A of National Accountability Ordinance, 1.999; being self-contained and self-executory left no option to the court before whom cases involving Scheduled offences were pending except to transfer the same; it was rather imperative to accede to such request unless it could be shown to the satisfaction of the court that the offence against the accused did not fall amongst the offences included in the Schedule---Court, on no other ground could turn down a request for transfer of a pending case to Accountability Court on application made by Chairman National Accountability Bureau under the Ordinance---High Court in exercise of constitutional jurisdiction, set aside the order passed by Appellate Court and maintained the order passed by Trial Court, whereby the case was transferred to Accountability Court---petition was allowed accordingly. M.S. Khawaja v. The state PLD 1965 SC 287; Ch. Zulfiqar Ali v. Chairman, NAB and others PLD 2003 Lah. 593; M. Asham Zaheer v. Ch. Shah Muhammad and another 2003 SCMR 1691; Sardar Ahmed Siyal and others v. National Accountability Bureau and others 2004 SCMR 265 and Begum Salina Ahmed v. The State and others 2007 YLR 576 ref. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 4---National Accountability Ordinance, 1999 extends to whole of Pakistan and applies to all persons in Pakistan that is to say all…

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