IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Accountability Appeal No. 47 of 2002
Date Order with signature of Judge
1.For orders on M.A. No. 5333/09
2.For orders on M.A. No. 5334/09
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 29.5.2002 passed by learned Judge, Accountability Court-III, Sindh Karachi in Reference No. 51 of 2000. The appeal was admitted to regular hearing vide order dated 14.6.2002. By order dated 08.4.2008 the impugned judgment was set aside and this appeal was ordered to be withdrawn and terminated in terms of section 7 of National Reconciliation Ordinance, 2007.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;
Pursuant to the order of Hon’ble Supreme Court of Pakistan, as quoted above, the order of setting aside the impugned judgment and terminating this appeal has no legal effect and the appeal stood revived to be heard and decided in accordance with law. Office is directed to fix this appeal for hearing in due course and according to Roster. Listed applications are also stand disposed off.
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