Transfer, return of NAB references does not amount to acquittal: IHC

ISLAMABAD: The Islamabad High Court (IHC) has declared that transfer of matters pending under the Ordinance of 1999 does not envisage return of References to the Bureau, and that transfer of pending matters from the concerned Court under section 4(3) does not amount to acquittal or discharge.

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In a written verdict issued here on Saturday, the IHC in case “Adam Amin Chaudhry & another Versus National Accountability Bureau (NAB) Islamabad through its Chairman & 29 others” declared the following:

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(a). Sub-section (3) of section 4 mandates transfer of matters pending under the Ordinance of 1999 and does not envisage return of References to the Bureau.

(b). The transfer of pending matters from the concerned Court under section 4(3) does not amount to acquittal or discharge.

(c). In matters where during investigation new facts have emerged, the Bureau will be at liberty to seek permission of the learned Accountability Court for filing supplementary reference(s) in accordance with the spirit of the Proviso to section 16(e). In such an eventuality, the learned Accountability Court concerned will decide, in accordance with law, whether to grant permission for filing of supplementary reference or not.

(d). Any order passed by the learned Accountability Court concerned in a matter pending before it, can only be altered/amended by a competent court which subsequently takes cognizance of the said matter. This, however, is without prejudice to the powers of this Court under section 561-A of Cr.P.C.

(e). Since the provisions of Cr.P.C. are mutatis mutandis applicable under section 17 to inquiries and trials under the Ordinance of 1999, therefore, the matters can only be transferred from the learned Accountability Courts to other competent courts.

(f). The Bureau shall render every possible assistance to the learned Accountability Courts in complying with section 4(3), which envisages transfer of cases jurisdiction has (in respect been of which ousted) to courts competent to proceed with the matter.

The full judgement of the Islamabad High Court is attached below.

Adam_Amin_Ch_etc_v_NAB_etc_WP_No_3787_of_2022_638098263612816704