| Case ID |
0c08a6fd-cf6d-46f8-8e64-285fb45bc852 |
| Body |
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| Case Number |
Criminal Petition No. 113 of 2016 |
| Decision Date |
Jun 09, 2016 |
| Hearing Date |
Jun 09, 2016 |
| Decision |
The Supreme Court maintained the order of confiscation of property in favor of the Federal Government, affirming the conviction and three years' rigorous imprisonment of the accused for acquiring assets beyond known sources of income. The court emphasized that the accused could not initiate further litigation to challenge the confiscation order, as it had attained finality. The decision reinforced the principle that once a legal proceeding reaches its conclusion, attempting to revisit or nullify it disrespects the judicial process. The court warned the accused and his counsel against engaging in similar litigation in the future, highlighting the potential adverse impact on their professional careers. |
| Summary |
The case revolves around the Supreme Court's ruling on the confiscation of assets under the National Accountability Ordinance, 1999. The petitioner, Muhammad Hashim Babar, was convicted for acquiring assets beyond his known sources of income, including a half share in a house. After serving a three-year sentence and paying a fine, he sought the release of his confiscated property. The Supreme Court ruled that the order of confiscation was final and could not be contested, emphasizing the importance of respecting judicial decisions. The court warned against frivolous litigation that undermines the authority of the judicial system. This case illustrates the stringent enforcement of accountability laws in Pakistan, particularly concerning asset confiscation. The ruling reinforces the principle that once a case is adjudicated, further attempts to alter its outcome are not permissible. Keywords such as 'National Accountability Ordinance', 'Supreme Court decisions', and 'asset confiscation' highlight the key issues at stake, making this a significant case in the realm of legal accountability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Accountability Bureau
|
| Judges |
Anwar Zaheer Jamali, Chief Justice,
Umar Ata Bandial, Justice,
Faisal Arab, Justice
|
| Lawyers |
Shah Khawar, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Nasir Mehmood Mughal, Special Prosecutor, NAB
|
| Petitioners |
Muhammad Hashim Babar
|
| Respondents |
The State,
Another
|
| Citations |
2016 SLD 2434,
2016 SCMR 1827
|
| Other Citations |
Abdul Majid v. Abbas Hussain Shah 1995 SCMR 429
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
10
|