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FAISAL vs State Ss — 2022 YLRN 44 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 44 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
FAISAL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 5; S. 18; S. 16-; Penal Code (XLV of 1860)

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

FAISAL VS State Ss. 16-a, 18 & 32---Penal Code (XLV of 1860), Ss. 419, 420, 468 & 471---Prevention of Corruption act (II of 1947), S. 5(2)---Constitution of Pakistan, art. 10-a---Corruption and corrupt practices---appreciation of evidence---Transfer of case---Jurisdiction---accused persons were facing trial before Special Judge anti-Corruption who after completion of trial, transferred case to accountability Court for decision---accountability Court assumed jurisdiction and convicted and sentenced accused persons---Validity---Transfer of case from any other court to accountability Court and its assumption of jurisdiction in a manner not provided in National accountability Ordinance, 1999 was not valid---While making a decision on such an issue of fundamental nature accused persons were required to be heard but no such effort was made at any level---accused persons were facing trial in offenses less stringent in punishment and then suddenly without being extended an opportunity of hearing they were made to face trial under National accountability Ordinance, 1999 which carried harsher punishments---Such an approach was not only against natural norms of justice but resulted in abridgment of right of accused persons to a fair trial under art. 10-a of the Constitution---Transfer of case in such manner had translated in curtailment of powers of Chairman NaB or an officer of NaB acting on his behalf provided under S.18 of National accountability Ordinance, 1999 which had stipulated a preliminary scrutiny of received material/complaint by him and forming an opinion to initiate proceedings and referring matter against accused for inquiry and investigation---Taking cognizance of offences and assuming jurisdiction by accountability Court was illegal and proceedings that followed were coram non judice---High Court set aside conviction and sentence passed by accountability Court and remanded matter to Special Court anti-Corruption to proceed with the matter---Special Court anti-Corruption had no jurisdiction to refer matter to accountability Court under S.16-a of National accountability Ordinance, 1999---appeal was allowed accordingly.

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