Law: National Reconciliation Ordinance, 2007

Section: 7

Law: Constitution of Pakistan, 1973

Section: 185

Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9/10,5(a)

National Reconciliation Ordinance (LX of 2007)---S. 7---National Accountability Ordinance (XVIII of 1999), Ss.9/10 & 5(a)---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---High Court vide impugned order had directed for joint trial of all the accused persons including the present accused---During pendency of his appeal before Supreme Court accused had filed a petition for acquittal in the case on the ground that his case was covered under S.7 of the National Reconciliation Ordinance, 2007---Contention was that inquiry in the present matter was started on 29-12-1996 with a Source Report about a company in which the share of accused was 5%---Inquiry was continued by the F.I.A. and then by Ehtesab Commissioner and after completion of investigation the case was sent up before the Accountability Court for trial---Case of accused was contended to be fully covered by S.7 of the National Reconciliation Ordinance, 2007, as proceedings under investigation included inquiry as defined in S.5(a) of the National Accountability Ordinance, 1999---Validity---Held, since the case was pending before the Trial Court, it was appropriate that the accused might prefer the application under S.7 of the National Reconciliation Ordinance, 2007, before the Trial Court, which, if preferred, was directed to be disposed of on merits within one week's time---Appeal was disposed of accordingly. Ahmad Riaz Sheikh and others v. The State Criminal Miscellaneous Application No.62 of 2008 in Criminal Petition No.349 of 2005 ref. ORDER ABDUL HAMEED DOGAR, C.J.---This appeal by leave of the Court is directed against the judgment' dated 25-11-2004 passed by the learned Division Bench of the High Court of Sindh, Karacui, whereby the C.P. No7D-1176 of 2004 filed by the petitioner was disposed of. 2. Precisely facts of the case are that the appellant former Deputy Director of F.I.A., was arrested on 16-10-1999 on the allegation that he acquired property disproportionate to his lawful source of income. He was sent up to face trial before the Accountability Court and was convicted and sentenced to 14 years' R.I. and a fine of Rs. ten crores or in default to suffer further R.I. for…

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