IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Rev. Appl:Nos. 95, 96, 97, 98, 99, 100, 101, 103, 104 & 105 of 2001
Date Order with signature of Judge
12th January, 2010.
Mr. Abid S. Zuberi, Advocate for the applicant.
GULZAR AHMED, J.:- By these Criminal Revision Applications, the applicants have challenged the judgment dated 23.6.2001 passed by learned Judge, Accountability Court-IV, Karachi in Reference No. 15 of 2000 ordering forfeiture of the applicant’s property mentioned in the impugned judgment. By order dated 30.5.2008 this Revision Application was disposed off on the basis of section 7 of National Reconciliation Ordinance, 2007 and the forfeited property was restored to the claimant/beneficiary.
In the case of DR. MOBASHIR HASSAN V/S FEDERATION OF PAKISTAN reported in SBLR 2010 SC 13 the Hon’ble Supreme Court at page 29 has observed as follows:
(i) that the NRO is declared to be an instrument void ab initio being ultra vires and violative of various constitutional provisions including Article Nos. 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of the Constitution;
(ii) that as a consequence of the said declaration, all steps taken, actions suffered, and all orders passed by whatever authority, any orders passed by the courts of law including the orders of discharge and acquittals recorded in favour of the accused persons, are also declared never to have existed in the eyes of law and resultantly of no legal effect;
(iii) that all cases in which the accused persons were either discharged or acquitted under Section 2 of the NRO or where proceedings pending against the holders of public office had got terminated in view of Section 7 thereof, a list of which cases has been furnished to this Court and any other such cases/proceedings which may not have been brought to the notice of this Court, shall stand revived and relegated to the status of pre-5th of October, 2007 position;
(iv) that all the concerned courts including the trial, the appellate and the revisional courts are ordered to summon the persons accused in such cases and then to proceed in the respective matters in accordance with law from the stage from where such proceedings had been brought to an end in pursuance of the above provisions of the NRO;
In view of the above observation of the Hon’ble Supreme Court of Pakistan the present Revision Applications stand revived and same will be heard and decided on their own merits. The order of restoring of forfeited property to the claimant/beneficiary also stands recalled in terms of the order passed by Hon’ble Supreme Court referred to above. The office is directed to fix these Revision Applications for hearing in due course and according to Roster.
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