| Case ID |
1792a04f-b198-4952-ad66-cf7f8e452aca |
| Body |
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| Case Number |
Constitution Petition No.141 of 2012 |
| Decision Date |
Jul 24, 2014 |
| Hearing Date |
Jul 16, 2014 |
| Decision |
Ultimately, the petition filed by Allah Dina and others was dismissed by the Balochistan High Court on 24-07-2014. The court upheld the order of the Accountability Court-II, Quetta, which authorized the National Accountability Bureau to recover the fine from the petitioner under Section 33-E of the National Accountability Ordinance, 1999, read with Section 386 of the Criminal Procedure Code and Section 70 of the Pakistan Penal Code. The court concluded that the NAB was legally empowered to recover the fine as arrears of land revenue. The petition lacked merit and did not warrant any interference by the High Court. |
| Summary |
In the landmark case of Constitution Petition No.141 of 2012, the Balochistan High Court delivered a pivotal decision on July 24, 2014, concerning the authority of the National Accountability Bureau (NAB) under the National Accountability Ordinance, 1999. The petitioners, led by Allah Dina, challenged the NAB's application under Section 33-E of the NAO, read in conjunction with Section 386 of the Criminal Procedure Code and Section 70 of the Penal Code, seeking the recovery of fines as arrears of land revenue. The High Court scrutinized the legal provisions and upheld the Accountability Court-II, Quetta's order, affirming that the NAB is legally empowered to enforce the recovery of fines and, in the event of non-payment, treat them as arrears of land revenue. The court referenced significant precedents, including Haji Ghousuddin v. The State PLD 2012 Bal. 104 and Ahmed Ali Siddiqui v. Sargodha Central Cooperative Banking Ltd. 1989 SCMR 824, reinforcing the judiciary's stance on the enforceability of fines associated with unlawful activities. The decision emphasized that imprisonment served for non-payment of fines constitutes a reasonable punishment and does not absolve the petitioner from the financial liabilities imposed by the court. The petitioners' arguments were ultimately dismissed due to the lack of substantial merit, solidifying the NAB's authority in financial recoveries related to national accountability cases. This case underscores the judiciary's commitment to upholding stringent accountability measures and reinforces the legal framework that empowers statutory bodies like the NAB to execute their mandates effectively. The ruling is a testament to the robust legal mechanisms in place aimed at combating corruption and ensuring that financial penalties are diligently enforced, thereby promoting transparency and accountability within governmental and corporate sectors. Legal professionals and stakeholders in the field of national accountability can view this case as a definitive interpretation of the interplay between various legal statutes governing financial recoveries and the powers vested in accountability institutions. The Balochistan High Court's decision serves as a critical reference point for future cases involving the NAB and similar entities, ensuring that the legal boundaries and authorities are clearly delineated and respected. Additionally, the case highlights the importance of adhering to established legal procedures and the role of the judiciary in maintaining the balance between punitive measures and legal rights of the accused. Overall, Constitution Petition No.141 of 2012 reinforces the legal infrastructure supporting national accountability initiatives, ensuring that financial infringements are addressed comprehensively through a combination of legal statutes and judicial oversight. |
| Court |
Balochistan High Court
|
| Entities Involved |
National Accountability Bureau,
Accountability Court-II, Quetta,
Hon'ble Supreme Court of Pakistan
|
| Judges |
GHULAM MUSTAFA MENGAL,
MUHAMMAD KAMRAN MULAKHAIL
|
| Lawyers |
Manzar Siddique,
Ameer Zaman Jogizai
|
| Petitioners |
ALLAH DINA
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 1551,
2015 MLD 460
|
| Other Citations |
Haji Ghousuddin v. The State PLD 2012 Bal. 104,
Ahmed Ali Siddiqui v. Sargodha Central Cooperative Banking Ltd. 1989 SCMR 824,
Siddappa v. State of Mysore AIR 1957 Mysore 52
|
| Laws Involved |
National Accountability Ordinance, 1999,
Criminal Procedure Code, V of 1898,
Penal Code, XLV of 1860,
Constitution of Pakistan
|
| Sections |
33-E,
386,
70,
Art.199
|