ISLAMABAD:
The Supreme Court has ruled that the rationale and intention behind section 489-F of the Pakistan Penal Code (PPC) was not recovery of an alleged amount, saying the section’s objective was to determine the offence.
Justice Sayyed Mazahar Ali Akbar Naqvi issued the ruling while granting bail to the accused involved in the offence under section 489-F.
A three-judge bench of the apex court led by Justice Maqbool Baqar heard the bail matter.
The court observes that prima facie Section 489-F of PPC is not a provision that is intended by the legislature to be used for the recovery of an alleged amount. Rather, it is only to determine the guilt of a criminal act and award of a sentence, fine or both as provided under the said section.
“On the other hand, for recovery of any amount, civil proceedings provide remedies, inter alia, under Order XXXVII of CPC,” says the three-page judgement.
Also read: NAB’s actual recoveries stand at Rs6.5b
The court stated that at this stage, only a tentative assessment of the matter was required and it cannot presume dishonesty on the part of the petitioner as any such determination would prejudice his right to a fair trial guaranteed by the C READ MORE