| Case ID |
01cd7849-4ad3-41ee-a2e7-3fefb0294016 |
| Body |
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| Case Number |
Ehtesab Criminal Appeal No.03-P of 2021 |
| Decision Date |
Jul 01, 2021 |
| Hearing Date |
Jul 01, 2021 |
| Decision |
The High Court set aside the conviction and sentence awarded to Ahsan Ullah Khan in absentia under Section 31-A of the National Accountability Ordinance, 1999. The Court held that it was not the intention of the Legislature to try the accused in absentia under this provision. The matter was remanded to the Trial Court for proceedings in accordance with the law, and the accused was directed to remain on bail until the conclusion of the trial. This decision underscores the importance of due process and the necessity for an accused to be present during their trial. |
| Summary |
This case revolves around Ahsan Ullah Khan, who faced charges under the National Accountability Ordinance, 1999, specifically related to corruption and corrupt practices. The case was significant as it addressed the legality of convicting an individual in absentia. The Peshawar High Court ruled that the legislative intent did not support such a trial without the accused's presence. The judgment emphasized the need for a fair trial, which is a cornerstone of justice. The decision to set aside the conviction highlighted the legal protections afforded to individuals, ensuring that no one can be deprived of liberty without due process. The case referenced several precedents, reinforcing the legal principles at stake. The ruling also indicated that the accused must be present during proceedings, ensuring their right to defend themselves, which is crucial in maintaining the integrity of the judicial system. Overall, this case serves as a pivotal example of upholding legal rights and the principles of justice in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSARRAT HILALI, JUSTICE,
SYED ARSHAD ALI, JUSTICE
|
| Lawyers |
Barrister Syed Mudasser Ameer,
Muhammad Riaz Mohmand, ADPG
|
| Petitioners |
AHSAN ULLAH KHAN
|
| Respondents |
CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU AND OTHERS
|
| Citations |
2022 SLD 639,
2022 MLD 317
|
| Other Citations |
Muharam Ali v. Federation of Pakistan PLD 1998 SC 1445,
Manzar Qayyum v. The State and others PLD 2006 SC 343,
Noor Muhammad Khatti v. The State 2005 PCr.LJ 1889,
Dr. Mobashir Hassan and others v. Federation of Pakistan and others PLD 2010 SC 265
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
31-A,
32
|