MUHAMMAD HASHIM BABAR vs THE STATE and another
This petition for leave to appeal arose from a judgment of the Lahore High Court which had partially allowed the petitioner's appeal by reducing his sentence to the period already undergone while maintaining a fine of Rs. 2 million, following his conviction under an accountability reference relating to charges of possessing assets disproportionate to known sources of income while serving as a public office holder. The core legal question was whether the criminal proceedings and conviction stood abated or terminated under the provisions of the National Reconciliation Ordinance, 2007. The Supreme Court allowed the petition, converted it into an appeal, and held that since the petitioner was a holder of public office against whom proceedings were initiated prior to the cut-off date of 12th October 1999, his case fell squarely within the purview of the statutory abatement provisions. The Court laid down the principle that proceedings initiated against holders of public office before the specified cut-off date stand terminated under the National Reconciliation Ordinance, 2007, resulting in the acquittal of the accused and the release of their movable and immovable properties.
- Whether criminal proceedings against a holder of public office initiated prior to 12th October 1999 stand terminated under the National Reconciliation Ordinance, 2007?
- Does the repeal of the Ehtesab Act and transfer of matters to the NAB Court affect the application of the National Reconciliation Ordinance, 2007?
- Are movable and immovable properties ordered to be released upon acquittal under section 7 of the National Reconciliation Ordinance, 2007?
- Section 33, National Accountability Ordinance 1999
- Section 7, National Reconciliation Ordinance 2007
- Section 33-F, National Reconciliation Ordinance 2007
ORDER
' 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.I 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 in 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.