2008 PLP 1615 (SCMR)
MUHAMMAD HASHIM BABAR — Petitioner Versus THE STATE and another — Respondents
| Citation | 2008 PLP 1615 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ |
| Parties | MUHAMMAD HASHIM BABAR — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | National Reconciliation Ordinance (LX of 2007) |
Q1: What are the key laws and sections cited in 2008 PLP 1615 (SCMR)?
This judgment primarily cites: National Reconciliation Ordinance (LX of 2007) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1615 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1615 (SCMR) (MUHAMMAD HASHIM BABAR — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Iftikhar Hussain Gilani, Senior Advocate Supreme Court for Petitioner.
- Malik M. Qayyum, Attorney-General for Pakistan, Dr. Danishwar Malik, P.G., NAB and Dr. M. Asghar Rana, D.P.G. Punjab for Respondent No.1.
- Nemo for Respondent No.2.
Headnotes / Summary
(On appeal from the judgment, dated 3-2-2005 in Criminal Appeal No.1629 of 2000 passed by the Lahore High Court, Lahore).
Ss.7 & 33-F
National Accountability Ordinance (XVIII of 1999), S.10
Constitution of Pakistan (1973), Art.185(3)
Contention was that the case of accused was covered under S.7 of the National Reconciliation Ordinance, 2007, as he being holder of public office, proceedings were initiated against him prior to 12th October, 1999, the cut off date, as such the proceedings were bound to be terminated
Said contention was not refuted by the Prosecutor-General NAB
Petition for leave to appeal was consequently converted into appeal and allowed and the accused was acquitted of the charges in view of S.7 read with S.33-F of the National Reconciliation Ordinance, 2007--Movable and immovable properties of the accused mentioned in the order stood released.
Judgment & Decree
ABDUL HAMEED DOGAR, C.J.
This petition for leave to appeal is directed against judgment dated 3-2-2005 in Criminal Appeal; No.1629 of 2000 passed by the Lahore High Court, Lahore, whereby appeal filed by the petitioner was partially allowed and sentence of the petitioner was reduced to already undergone, while the sentence of fine of Rs.2 million was maintained.
2. Facts of the case in brief are that petitioner Muhammad Hashim Babar was proceeded against under Ehtesab Reference No.19/97 on the allegation that he while serving as Director, Military Lands and Cantonment, Rawalpindi had purchased House No.17, College Road, F-7/3, Islamabad on an area of 1244 sq. yds., for a sum of Rs.30,00,
000. On repeal of Ehtesab Act the matter was transferred under section 33 of the NAB Ordinance to the NAB Court. On conclusion of trial, vide his judgment dated 17-11-2000, the learned Judge, Accountability Court, Lahore, convicted the petitioner and sentenced him to 3 years' R.I. and fine of Rs.2 million or in default of payment to undergo 18 months' R.1 as well as forfeiture of applicant's 1/2 share in House No.17, College Road, F-7/3, Islamabad. In appeal the sentence was reduced to already undergone and his appeal was partially allowed, hence, this petition for leave to appeal. 2-A. It is contended by Syed Iftikhar Hussain Gilani, learned counsel for the petitioner that case of the petitioner is covered under section 7 of the National Reconciliation Ordinance, 2007, as the petitioner being holder of public office proceedings were initiated against him prior to 12th October, 1999, the cut off date, as such same proceedings shall have to be terminated.
3. The above contention of learned counsel is not refuted by Dr. Danishwar Malik, Prosecutor General NAB. Accordingly Criminal Miscellaneous Application No.17-L of 2008 is allowed, consequently Criminal P.L.A. No. 216-L of 2005 is converted into appeal and allowed and the appellant is acquitted of the charges view of section 7 read with section 33-F of the N.R.O., 2007. Movable and immovable properties mentioned in the order shall stand released. N.H.Q./M-42/SC Appeal allowed.