Disqualification to contest election

2013 PCrLJ 1137 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 15 & 25(b)Penal Code (XLV of 1860), S. 83Constitution of Pakistan, Art. 199Constitutional petitionPlea bargain and convictionAct of childDisqualification to contest election

Principal accused purchased properties in the names of petitioners who were his sons and were minors at the time of purchase

Both petitioners entered into plea bargaining and surrendered properties in question

Trial Court as the time of approval of plea bargaining imposed conviction upon both the petitioners as provided under S.15 of National Accountability Ordinance, 1999

Validity

Ages of petitioners were to be counted from the day when offence was committed and not when it was compounded and or plea bargain was accepted

On the day when alleged offence was committed, ages of petitioners were less than 10 and 12 years respectively

Petitioners, even if had committed any offence, were entitled to benefit of immature understating

Nothing was available on record to show that petitioners themselves committed offence of corruption and corrupt practices as they were of very tender ages and had no knowledge or understanding of corruption or corrupt practices committed by their father, might it be for their benefits

Bar of disqualification for a period of 21 years through order in terms of S.15 of National Accountability Ordinance, 1999, for seeking or from being elected, chosen, appointed or nominated as member or representative of any public office or any statutory or local authority of Government of Pakistan would not apply to petitioners

Petition was allowed accordingly.