IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Accountability Appeal No. 18 of 2001
Date Order with signature of Judge
1.For orders on M.A. No. 5287/09
2.For orders on M.A. No. 5288/09
12th January, 2010.
Mr. Raza Hashmi Advocate for the appellant
Mr. Muhammad Aslam Butt D.P.G NAB
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GULZAR AHMED, J.:- By this Criminal Accountability Appeal, the appellant has challenged the judgment dated 13.4.2001 passed by learned Judge, Accountability Court-II, Sindh Karachi in Reference No. 52 of 2000. The appeal was admitted to regular hearing vide order dated 11.5.2001. By order dated 10.4.2003 sentence of appellant was suspended on his furnishing surety in the sum of rupees 2.5 millions and P.R.Bond in the like amount to the satisfaction of the Nazir of this Court. As the appellant has jumped the bail, penalty of rupees 2.5 millions was imposed upon the surety. Through order dated 08.4.2008, the impugned judgment was set aside and appeal was terminated/withdrawn in terms of section 7 of National Reconciliation Ordinance, 2007.
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 above quoted observation of Hon’ble Supreme Court, the order of setting aside the impugned judgment and terminating/withdrawing this appeal is of no legal effect and this appeal stands revived for its hearing and disposal in accordance with law. Appellant is directed to furnish fresh surety in terms of order dated 10.4.2003. Appellant’s counsel states that he will produce the appellant on next date in Court. Office is directed to fix this appeal for hearing in due course and according to Roster. Listed applications also stand disposed off.
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