Law:

Section:

Ehtesab Act (IX of 1997)---Ss. 3/4 Constitution of Pakistan (1973), Art.185(3) Leave to appeal was granted to accused by Supreme Court inter alia, on the points; whether the impugned was violative of the dictum as laid down in an unreported , dated 23 4 2003 passed in Criminal Miscellaneous Appeal No.27 of 2001, whether the principles as laid down from time to time in various judicial pronouncements (mentioned in the order) had been kept in view by the High Court while deciding the case, whether an authoritative was needed in view of the different case law, whether in view of the applicability of the Criminal Procedure Code in NAB cases the provisions of 5.419, Cr.P.C. would be applicable concerning filing of appeal, whether the absence of the accused who admittedly was in U.K. for medical treatment could be equated to that of "wilful evasion of process of law" initiated after his departure from Pakistan, whether the trial in absentia was in violation of the provisions as enumerated in Arts.4, 9 & 10 of the Constitution, in the interest of justice, fair play and equity, and whether the provisions of S.31 A of the NAB Ordinance, 1999, were ultra vires the provisions of Arts.4, 9 & 10 of the Constitution. Haji Nasim ur Rehman v. The State Criminal Miscellaneous Appeal No.27 of 2001; Chan Shah v. The Crown PLD 1956 FC 43; Amir v. State PLD 2004 Quetta 16; Bacha Said v. The State PLD 1978 SC 102; Muhammad Aslam v. The State 1972 SCMR 194; Hayat Bakhsh v. The State PLD 1981 SC 265 and Zahid Iqbal v. The State PLD 1991 SC 575 ref. ORDER JAVED IQBAL, J. ---This petition for leave to appeal is directed against the judgment, dated 13 12 2001 passed by learned Peshawar High Court, Peshawar, whereby Ehtesab appeal preferred on behalf of petitioner has been dismissed. 2. After having heard Malik Muhammad Qayyum, learned Advocate Supreme Court alongwith Mr. Abdul Karim Khan Kundi, learned Advocate Supreme Court on behalf of petitioner as well as Mian Fasihul Mulk, learned Deputy Prosecutor General, NAB, scanning the entire record and perusing the judgment impugned, we are inclined to grant leave to appeal, inter alia, on the following points: (a) Whether judgment…

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