YASSER-UL-HAQ EFFENDI vs FEDERATION OF PAKISTAN Ss — 2022 MLD 827 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 827 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: YASSER-UL-HAQ EFFENDI vs FEDERATION OF PAKISTAN Ss
Subject matter: Criminal
Provisions referred to: 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

YASSER-UL-HAQ EFFENDI VS FEDERATION OF PAKISTAN Ss.9(a) & 4 [as amended by National Accountability (Second Amendment) Ordinance (XXVII of 2019)]---Jurisdiction of National Accountability Bureau (NAB)---Scope---Petitioners were accused facing trial under National Accountability Ordinance, 1999, who sought transfer of their case to Special Judge Customs and Taxation having jurisdiction to try cases of taxation---Plea raised by petitioners was that they were not public servants and matter pertained to taxation---Validity---Petitioners by their alleged act were not stated to have evaded tax liability by concealing their incomes etc. but had exploited state of affairs i.e. fuel subsidized due to its only use for defence and aviation purpose by selling it as unsubsidized fuel in open market at a higher price to unauthorized entities and raking in thus illegal profits, breach of trust which was an offence under Ss.9(a) (x) & (ix) of National Accountability Ordinance, 1999---Fact that petitioners or any of the accused were not public servants in view of manifest phraseology of Ss.4 & 9 of National Accountability Ordinance, 1999, stipulating holder of a public office besides any other person to be within its purview likewise was sufficient to cast off any misgivings about its applicability to petitioners---Consequence of the same, if any, was not likely to stoke transfer of case from one Court to the other and was not helpful to petitioners---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances.

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