| Case ID |
1793ede8-52d1-468f-b862-173a7eac541e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Revisions Nos. 888 of 2002, 124 and 234 o |
| Decision Date |
May 12, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the revisions filed by Ch. Zulfiqar Ali and Muhammad Jahangir Badar were maintainable. It held that the amendments made through the National Accountability (Amendment) Ordinance, 2002 could not be applied retrospectively to bar the right of revision that had accrued before the promulgation of the ordinance. The Court found that the applicability of the National Accountability Ordinance extends to all persons, including those who may not hold public office, thus affirming that both petitioners could be tried under the provisions of the Ordinance for actions taken when they were not in office. The Court also emphasized the principle of double jeopardy, stating that a person cannot be tried again for the same offence after being acquitted. Therefore, the Court dismissed Criminal Revisions Nos. 124 and 234 of 2003 while upholding the maintainability of Revision No. 888 of 2002. |
| Summary |
In the case of Criminal Revisions Nos. 888 of 2002, 124 and 234 of 2003, the Lahore High Court addressed significant legal questions under the National Accountability Ordinance, 1999. The case primarily revolved around the interpretation of the Ordinance's provisions concerning the accountability of public office holders and their associates. The Court assessed the maintainability of revisions against interlocutory orders and the implications of amendments introduced through Ordinance No. 133 of 2002. The judges highlighted the Ordinance's expansive scope, confirming that it applies not only to public office holders but also to any person involved in corruption and corrupt practices. The decision underscored critical constitutional protections against double jeopardy, aligning with Article 13(a) of the Constitution, which prohibits prosecuting an individual for the same offence after acquittal. This case is crucial for understanding the enforcement of accountability laws in Pakistan and the judicial interpretations that safeguard individual rights against repeated prosecutions. The ruling also clarifies the procedural intricacies associated with amendments to the law, ensuring that the rights of individuals are preserved in the face of legislative changes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jilani,
Bashir A. Mujahid
|
| Lawyers |
Sheikh Ziaullah,
Jawaid Shaukat Malik,
Sher Zaman Khan,
M. Bilal Khan
|
| Petitioners |
Muhammad Jahangir Badar,
Ch. Zulfiqar Ali
|
| Respondents |
Chairman, NAB and others
|
| Citations |
2003 SLD 3326 = 2003 PLD 593
|
| Other Citations |
Haji Kabeer Khan v. The State Criminal Appeal No.5 of 2001,
Municipal Corporation of Delhi v. Gurnam Kaur AIR 1989 SC 38,
Abdul Aziz Memon v. The State Appeal No.58 of 2002,
Sherin Bacha and others v. Namoos Iqbal and 3 others PLD 1993 SC 247,
The State v. Hadi Bakhsh 1981 SCMR 1008
|
| Laws Involved |
National Accountability Ordinance, 1999,
Constitution of Pakistan, 1973,
Criminal Procedure Code, 1898
|
| Sections |
32(c),
9,
5(a),
20,
89,
13(a),
403,
249
|