IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Accountability Appeal No. 33 of 2001
Date Order with signature of Judge
1. For orders on M.A. No. 79/2010
2. For orders on M.A. No. 80/2010
12th January, 2010.
Mr. Abid S. Zuberi, Advocate for the appellant.
Mr. Muhammad Aslam Butt, DPG, NAB.
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GULZAR AHMED, J.:- By this Criminal Accountability Appeal, the appellant has challenged the judgment dated 23.1.2001 passed by learned Judge, Accountability Court-IV, Sindh Karachi in Reference No. 15 of 2000. The appeal was admitted to regular hearing vide order dated 29.6.2001. Through order dated 10.1.2003, the Hon’ble Supreme Court suspended the sentence of the appellant on his furnishing bail bond in the sum of rupees two millions with two sureties each in the like amount to the satisfaction of the Nazir of this Court. Through order dated 30.5.2008, this appeal apparently stood allowed and conviction and sentence of the appellant by the impugned judgment was set aside on the basis of section 7 of National Reconciliation Ordinance, 2007. Through further order dated 16.10.2008 the surety was discharged and the surety documents were allowed 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;
Pursuant to the order of Hon’ble Supreme Court of Pakistan the order of acquittal of the appellant and discharge of surety and return of surety documents is held to be of no legal effect and this Criminal Accountability Appeal stands revived, which will be heard and decided in accordance with law. As a result of revival of this appeal, the appellant is required to furnish surety in terms of order of Hon’ble Supreme Court by which the sentence of appellant was suspended. The appellant is directed to furnish fresh surety with the Nazir of this Court and also to appear in Court on next date. 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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