BADAR ALAM BACJIANI versus THE STATE THROUGH CHAIRMAN NAB
Section 9 (a) (iv) (V) (V) and 17 (D) Criminal Code of Conduct (v. 1898), Section 403 Constitution of Pakistan (1973), Arts 13 and 1991 Constitutional Application, Cancellation of Reference Double Risk A hearing was filed against an accused for acquiring extra assets from known sources of income and in this reference he was convicted and sentenced by the trial court. Later two more references were filed against the accused. There were allegations in the pre-existing reference that it was a double jeopardy case because it had already been tried by a court. Accuracy where the same cases and the same crimes occurred, there should be a joint trial as there was a combination of motives and, therefore, a separate reference could cause a separate charge. Section 403 would violate the CCPC and Article 13 of the Constitution NAB claimed that fraud was the result of abuse of authority. The previous reference included a commission of fraud by the accused in the charge of the accused and subsequent references in which such a charge was prosecuted and he was also convicted, therefore, No separate reference can be filed legally in relation to the allegations and the accused cannot be prosecuted. The same High Court has dismissed references filed by NAB against the plea of the accused.
Related judgments — Karachi High Court Sindh, 2010
