Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Preamble---National Accountability Ordinance, 1999, was promulgated to eradicate corruption and corrupt practices and hold accountable all those persons accused of such practices---One of the main considerations for promulgation of National Accountability Ordinance, 1999, was to recover the amount which accused person did not pay and misappropriated the amount and assets. (b) Interpretation of statutes--- ---Different words carrying same meaning---Effect---If different words are being used in a provision carrying somewhat similar meaning then it cannot be the intention of legislature that similar words should be given different meaning---Otherwise one of them which covers special meaning different from other word would become redundant, which cannot be attributed to legislature. Momdar v. State PLD 1990 SC 934 rel. (c) National Accountability Ordinance (XVIII of 1999)--- ---Ss. 5(m), 5(o) & 5(r)---Wilful default---Words "person" and "holders of public office"---Scope---Apart from definition of "person" as given in S.5(o) and (m) of National Accountability Ordinance, 1999, it should also be applied to the person committing offence of wilful default---Specified persons, who are defined in National Accountability Ordinance, 1999, are included in provision of S.5(r) of the Ordinance. (d) Interpretation of statutes--- --Penal provision is to be interpreted very strictly. (e) National Accountability Ordinance (XVIII of 1999)--- --S. 5(r) Wilful default---Scope---Provisions of S.5(r.) of National Accountability Ordinance, 1999, are penal in nature, as those involve punishment on omission to fulfil requirement of provisions. (f) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 5(a) & 5(r)---Wilful default---Omission of word "accused"---- Object and scope---Legislature knew that if an accused during investigation or trial enters into plea bargain then he would be entering into plea bargain in the capacity of accused for whom specific definition had been given in National Accountability Ordinance, 1999---If the intention of legislature been to include "accused" in the provisions of S.5(r) of…

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