Pakistan Case Law
2003 SCMR 719

Syed ALI NAWAZ SHAH and others vs THE STATE and others

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Citation2003 SCMR 719
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No, 414, Civil Petitions Nos.1648 and 1649 and Criminal
Date2003-01-07
Judge(s)Mian Muhammad Ajmal, Hamid Ali Mirza and Muhammad Nawaz Abbasi
Authored byMuhammad Nawaz Abbasi
ResultAppeals disposed of
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from Criminal Appeal No. 414 of 2002 alongside connected petitions, wherein the Supreme Court of Pakistan considered the legality of convictions and sentences awarded to the appellants, Syed Ali Nawaz Shah and others. The core legal question concerned the validity of the impugned judgment and proceedings arising under the National Accountability Bureau Ordinance 1999. In a brief order delivered by the Court, the appeal was allowed, and the impugned judgment along with the conviction and sentences of the appellants were set aside. The Court held that the reference under the relevant statutory provision shall be deemed pending to be adjudicated by the Accountability Court No. IV Sindh, Karachi, in accordance with the law, thereby disposing of the connected civil and criminal petitions accordingly. The key principle laid down relates to the proper remand and continuation of accountability references upon setting aside flawed convictions.

Questions settled in this judgment
  • Whether the conviction and sentences awarded by an accountability court can be set aside in appeal?
  • What is the consequential status of a reference under the National Accountability Bureau Ordinance 1999 when an appeal against conviction is allowed?
Laws & provisions referred
  • Section 18(g), National Accountability Bureau Ordinance 1999
criminal appealaccountability courtconviction set asidenational accountabilityremand of reference

ORDER

1. MUHAMMAD NAWAZ ABBASI, J--For reasons to be recorded later, Criminal Appeal No,414 of 2002 is allowed. The judgment impugned is set aside and in consequence thereto the conviction and sentences awarded to the appellants, Syed Ali Nawaz Shah and others, are also set aside. The Reference under section 18(g) of National Accountability Bureau Ordinance 1999, against the appellants shall be deemed pending to be decided by the Accountability Court No, IV Sindh, Karachi, in accordance with law. In consequence thereto, the connected Civil Petitions Nos.1648 of 2002, 1649 of 2002 and Criminal Petition No,310 of 2002 having borne fruit, stand disposed of accordingly.

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