ADAM AMIN CHAUDHRY vs NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD Ss — 2023 PCrLJ 1536 ISLAMABAD

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ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD Ss. 5(o), 5(s), 9(a)(ix) & 16(e), proviso [as inserted by National Accountability (Amendment) Act (XI of 2022)]---Cheating members of public at large---National Accountability Bureau---Jurisdiction---Supplementary Reference---Scope---Matters involving value of less than five hundred million Rupees and where victims of offence under S. 9(a)(ix) of National Accountability Ordinance, 1999, are less than one hundred persons, the jurisdiction of Bureau has been ousted---Bar has been imposed on filing of supplementary reference, except where investigation reveals new facts and that too with the permission of Accountability Court. Citation Name: 2023 PCrLJ 1536 ISLAMABADBookmark this Case ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD Ss. 4(3) [as inserted by National Accountability (Amendment) Act (XI of 2022)] & 12---Criminal Procedure Code (V of 1898), S. 369---Return of Reference---De-freezing of properties---Review of order---Scope---Petitioners were facing trial before Accountability Court and their properties were frozen under S. 12 of National Accountability Ordinance, 1999---Accountability Court in view of S. 4(3) of National Accountability Ordinance, 1999 [since amended] returned the Reference to NAB---Petitioners sought de-freezing of their properties as provisions of National Accountability Ordinance 1999, were no longer applicable---Validity---Order whereby Reference was returned did not indicate the competent forum to proceed with the matter---Order of returning the Reference to Bureau was in violation of S. 4(3) of National Accountability Ordinance, 1999 (since amended)---Accused persons and victims were left unattended and without remedies---It was duty of Bureau and Accountability Court to have worked out and determine the forum competent to adjudicate Reference and then to order transfer of the Reference for further proceedings---Order whereby Reference was returned by Accountability Court to the Bureau did not contain conclusive determination of guilt or innocence of accused and was not a "judgment", therefore, bar contained under S. 369, Cr.P.C. was not attracted---In absence of any explicit prohibition on review or recall of an interim order, which was passed in violation of explicit provision of law, such interim order could be reviewed and recalled by concerned Court to secure the ends of justice---Provision of S. 4(3) of National Accountability Ordinance, 1999 [since amended] mandated transfer of pending matters and did not envisage return of References to the Bureau---Transfer of pending matters under S. 4(3) of National Accountability Ordinance, 1999 [since amended] from Accountability Court did not amount to acquittal or discharge---High Court directed National Accountability Bureau to render every possible assistance to Accountability Court in complying with S. 4(3) of National Accountability Ordinance, 1999 [since amended], to Courts competent to proceed with the matter---High Court declined to interfere in freezing order passed by Accountability Court---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1536 ISLAMABADBookmark this Case ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD S. 369---Term "judgment"---Connotation---Term "judgment" is the conclusive determination of guilt or innocence of an accused in a criminal case by a Trial Court. Citation Name: 2023 PCrLJ 1536 ISLAMABADBookmark this Case ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD S. 4(3) [as inserted by National Accountability (Amendment) Act (XI of 2022)]---Expressions "transferred" and "competent Court"---Fate of References pending trial---Scope---Expression "transferred" used in S. 4(3) of National Accountability Ordinance, 1999 (as amended), is in relation to "a competent court" and not the Bureau---Amendments have ousted jurisdiction of Accountability Courts in some cases while other Courts can still take cognizance of the matter---If Accountability Court lacks jurisdiction, even then proceedings have to be transferred to a competent court under the respective laws---This is the explicit mandate of law. Citation Name: 2023 PCrLJ 1536 ISLAMABADBookmark this Case ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD Ss. 4(3) & 17 [as inserted by National Accountability (Amendment) Act (XI of 2022)]---Transfer of proceedings---Scope---Matters can only be transferred from Accountability Courts to other competent Courts. Citation Name: 2023 PCrLJ 1536 ISLAMABADBookmark this Case ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD S. 4(3) [as inserted by National Accountability (Amendment) Act (XI of 2022)]--- Interim orders--- Altering/amendment--- Principle---Any order passed by Accountability Court in a matter pending before it, can only be altered/amended by a competent court which subsequently takes cognizance of the matter. Citation Name: 2023 PCrLJ 1536 ISLAMABADBookmark this Case ADAM AMIN CHAUDHRY VS NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD S. 16(e), proviso [as inserted by National Accountability (Amendment) Act (XI of 2022)]---Expression "new facts"---Connotation---Transfer of References---Supplementary Reference, filing of---Principle---Expression "new facts" means the "facts" that have not been previously submitted in the proceedings---In matters where during investigation new facts have emerged, the Bureau is at liberty to seek permission of Accountability Court for filing supplementary reference(s) in accordance with the spirit of proviso to S. 16(e) of National Accountability Ordinance, 1999 (since amended)---In such an eventuality, Accountability Court concerned has to decide, in accordance with law, whether to grant permission for filing of supplementary reference or not.

ADAM AMIN CHAUDHRY vs NATIONAL ACCOUNTABILITY BUREAU (NAB) ISLAMABAD Ss — 2023 PCrLJ 1536 ISLAMABAD

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