IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Accountability Appeal No. 16 of 2001
Date Order with signature of Judge
1.For orders on M.A. No. 5238/09
12th January, 2010.
Mr. Muhammad Shahbaz Advocate for the appellant.
Mr. Muhammad Aslam Butt D.P.G NAB
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GULZAR AHMED, J.:- By this appeal, the appellant has challenged the judgment dated 31.3.2001 passed by learned Judge, Accountability Court-III, Sindh Karachi in Reference No. 50 of 2000. The appeal was admitted to regular hearing vide order dated 24.4.2001. by order dated 21.8.2003 the sentence of appellant was suspended on his furnishing surety in the sum of rupees one million and P.R.Bond in the like amount with the Nazir of this Court. By order dated 08.4.2008, the impugned judgment was set aside and the appeal was disposed off pursuant to provision of National Reconciliation Ordinance, 2007. On 30.5.2008, the surety documents were ordered to be returned to the surety.
In the case of DR. MOBASHIR HASSAN V/S FEDERATION OF PAKISTAN reported in SBLR 2010 SC 13 the Hon’ble Supreme Court at page 29 has observed as follows:
(i) that the NRO is declared to be an instrument void ab initio being ultra vires and violative of various constitutional provisions including Article Nos. 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of the Constitution;
(ii) that as a consequence of the said declaration, all steps taken, actions suffered, and all orders passed by whatever authority, any orders passed by the courts of law including the orders of discharge and acquittals recorded in favour of the accused persons, are also declared never to have existed in the eyes of law and resultantly of no legal effect;
(iii) that all cases in which the accused persons were either discharged or acquitted under Section 2 of the NRO or where proceedings pending against the holders of public office had got terminated in view of Section 7 thereof, a list of which cases has been furnished to this Court and any other such cases/proceedings which may not have been brought to the notice of this Court, shall stand revived and relegated to the status of pre-5th of October, 2007 position;
(iv) that all the concerned courts including the trial, the appellate and the revisional courts are ordered to summon the persons accused in such cases and then to proceed in the respective matters in accordance with law from the stage from where such proceedings had been brought to an end in pursuance of the above provisions of the NRO;
In view of the observation of Hon’ble Supreme Court, as quoted above, the orders of setting aside the impugned judgment, disposing off the appeal and returning of surety documents are of no legal effect as the appeal stood revived for its hearing and disposal in accordance with law. The appellant is directed to furnish surety in terms of order dated 21.8.2003. Counsel for the appellant states that he will produce the appellant in Court on next date. Office is directed to fix the appeal for hearing in due course and according to Roster. Listed application also stand disposed off.
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