THE STATE THROUGH CHAIRMAN NAB, ISLAMABAD versus ADAM KHAN
Sections 9, 18 and 32 of the National Reconciliation Ordinance (LX of 2007), Section 7 Criminal Code of Conduct (V9 1898), Section 265K & 417 (2A) appeal against evil and corrupt practices / appeal against Chairman NAB. Challenged the order passed by. The application filed by the respondents / accused under Section 65 Section / K, CCPC, was accepted and the accused acquitted, the petition filed by the accused persons was allowed on the basis that one of the accused Was acquitted under CRPC, section 6565K and prosecuted. Under Section 7 of the National Reconciliation Ordinance 2007, the accused were withdrawn and dismissed, so far as the question of the fate of a single accused was concerned, neither the appellant's lawyer nor the accused persons were able to disclose it. On what basis did he succeed? Article 6565K, CRPC cannot extend the accused by taking advantage of such a breach, terminating proceedings against the holder of a public office under the National Reconciliation Ordinance, 2007, which was declared by the Supreme Court invalid. And all operations that were terminated or withdrawn under the said ordinance were restored. The ruling of the Supreme Court would be that the public office holder against whom the reference was withdrawn and terminated under the National Reconciliation Ordinance, 2007, and justified the acquittal of the accused under Section 265, CRPC. In the circumstances, the accused will be rescued. Under the Ordinance Impound Order, the right to withdraw from the public office holder and to withdraw proceedings was set aside and the matter was decided according to law.
Related judgments — Karachi High Court Sindh, 2011