Law:

Section:

National Accountability Ordinance (XVIII of 1999)-------S. 10---Constitution of Pakistan (1973), Art.185(3)---Petition had already been converted into appeal and allowed by a short order of Supreme Court acquitting the accused---Said order was subsequently recalled and the case was directed to be fixed for rehearing after notice to the parties---Validity---Short order had been recorded in clear terms and signed by Judges of Supreme Court, whereby the s of Trial Court and Appellate Court were set aside, conviction and sentence awarded to accused were also set aside and he was acquitted by the charge-Decision so made and announced through the short order was presumed to be solemn, well considered, conscious, deliberate and a final verdict covering all points arising out of the case, and as such the case ought not to have been fixed for re-hearing---Admittedly, the order for rehearing the case had been passed without hearing the accused--Lis in the matter could not be treated to be pending having already attained finality in the eyes of law---Order recalling the short order with direction to fix the case for rehearing after notice to the parties was, therefore, set aside, as a result the short order stood revived and operative in law. The State v. Asif Adil and others 1997 SCMR 209 rel. Muhammad Hanif and others v. Muhammad and others PLD 1990 SC 859; Fateh Khan v. Boze Mir PLD 1991 SC 782; Abdul Rashid v. Abdul Salam and others 1991 SCMR 2012 and Sherin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584 ref. Syed Iftikahr Hussain Gillani, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Abdul Baseer Qureshi, Deputy Prosecutor General NAB and Dr. M. Asghar Rana, Addl. P.G. NAB for the State/NAB. Date of hearing: 15th October, 2009. JUDGMENT GHULAM RABBANI, J.---The petitioner is a qualified doctor. He appeared in competitive examination of CSS held for the year, 1995 and having secured 2nd position was allotted DMG group. While he was serving as Assistant Commissioner in the Province of the Punjab a Reference was filed against him by the Acting Chairman NAB. Pursuant to that he was tried by the Accountability Court…

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