Law:

Section:

National Accountability Ordinance (XVIII of 1999)---Ss. 9(a), 18(g) & 24---Criminal Procedure Code (V of 1898), S.265-K---Word `person' as mentioned in S.9(a) of National Accountability Ordinance, 1999---Acquittal of accused under S.265-K Cr.P.C.---Leave to appeal was granted by Supreme Court to consider the scope of National Accountability Ordinance, 1999, in respect of accused who was not holder of public office but had indulged himself into corruption and corrupt practices being the beneficiary from the accused who was holder of public office arid was facing trial with other accused for same charge; whether the view expressed in the cases of Zulfiqar Ali, reported as PLD 2003 Lah. 593, Abdul Aziz Memon, reported as 2003 YLR 617 and Kabir Khan, reported as. 2003 YLR 1607, was just and proper or an authoritative was required to be passed to reconcile the views taken in the s; whether Accountability Court acquitted the accused in exercise of its powers under S.265-K Cr.P.C. without affording sufficient opportunity to prosecution to lead evidence; and whether prosecution possessed sufficient incriminating evidence to establish charge against acquitted accused and to what effect. Zulfiqar Ali v. Chairman, NAB PLD 2003 Lah. 593; Abdul Aziz Memon v. State 2003 YLR 617 and Kabir Khan v. The State 2003 YLR 1607 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHARY. J.------Petitioner seeks leave to appeal against the judgment, dated 17th February, 2004 passed by Peshawar High Court, Peshawar whereby appeals filed by petitioner against acquittal orders passed by the Accountability Court in favour of respondents have been dismissed. 2. Precisely stating the facts of the case are that the National Accountability Bureau (hereinafter referred to as 'the NAB') filed a reference No. 4 of 2002, under section 18(g) read with section 24 of the National Accountability Bureau Ordinance (hereinafter referred to as 'the NAB Ordinance') in the Accountability Court No.III, Peshawar against the respondents namely, Nasim-ur-Rehman, Ex-M.N.A., Haji Anwar Rehman, Masood-ur-Rehman, Mujeeb-ur-Rehman, Faisal Saleem and Asad Saleem, who are closely related to each other. Allegations against them were…

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