SAIF UR REHMAN KHAN vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, NAB HEADQUARTER, ISLAMABAD Ss — 2022 CLD 413 SUPREME-COURT

Case information

Citation: 2022 CLD 413 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: CLD
Parties: SAIF UR REHMAN KHAN vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, NAB HEADQUARTER, ISLAMABAD Ss
Subject matter: Criminal
Provisions referred to: S. 9---P; S. 9; Pakistan Act (XLII of 1997); National Accountability Ordinance (XVIII of 1999); Companies Act; National Accountability Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAIF UR REHMAN KHAN VS CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, NAB HEADQUARTER, ISLAMABAD Ss. 264(3) & 500---Securities and Exchange Commission of Pakistan Act (XLII of 1997), Ss. 37 & 41B---Constitution of Pakistan, Art. 13(a)---National Accountability Ordinance (XVIII of 1999), S. 9---Protection against double punishment---Scope---Double jeopardy, principle of---Defrauding and cheating the public at large---Inducing and luring members of the public to invest money in companies by way of a 'Ponzi/pyramid scheme'---Plea of accused petitioner that in view of the proceedings conducted by the Securities and Exchange Commission of Pakistan (SECP), the second proceedings by the National Accountability Bureau (NAB) regarding the same matter would amount to double jeopardy and thus infringe his fundamental right to protection against double punishment guaranteed by Art. 13 of the Constitution---Held, that SECP was not a court of law, nor were the offences under the Companies Act, 2017 for which it had imposed penalties on the accused-petitioner and his companies constituted, of the same ingredients as that of the offence defined in S. 9 of the National Accountability Ordinance, 1999---Shield of Art. 13 of the Constitution was therefore not available to the petitioner to prevent the proceedings against him under the National Accountability Ordinance, 1999---Petitions for leave to appeal were dismissed and leave was refused.

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