IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Asif Saeed Khan Khosa, CJ 
Mr. Justice Gulzar Ahmed  
Mr. Justice Sh. Azmat Saeed  
 
 
 
Criminal Appeals No. 386, 387, 388, 389 and 390 of 2018 and 
Criminal Miscellaneous Application No. 487 of 2018 
(Against the judgment dated 12.12.2017 passed by the High Court 
of Balochistan, Quetta in Criminal Ehtesab Appeals No. 18,19, 20, 
21 and 22 of 2017) 
 
 
Chairman, 
National 
Accountability 
Bureau 
through 
Prosecutor-General, 
National 
Accountability 
Bureau, 
Islamabad 
 
(in all cases) 
 
 
…Appellant 
 
 
 
 
 
versus 
 
Mir Faiq Ali Jamali 
(in all cases) 
           …Respondents 
 
 
For the appellant: 
Mr. Haider Ali, Special Prosecutor-
General, Accountability 
(in all cases) 
 
For the respondents: 
Mr. Safdar Hussain Tarar, ASC 
Syed Rifaqat Hussain Shah, AOR  
(in all cases) 
 
Date of hearing: 
08.07.2019 
 
 
JUDGMENT  
 
 
 
Asif Saeed Khan Khosa, CJ.:   The respondent namely Mir 
Faiq Ali Jamali was tried in connection with various References 
and ultimately he was convicted by the Accountability Court-I, 
Balochistan, Quetta for an offence under section 9 read with 
section 10 of the National Accountability Ordinance, 1999 and was 
variously sentenced. His appeals filed against his convictions and 
sentences were subsequently dismissed not only by the High Court 
Criminal Appeals No. 386, 387, 388, 389 and 390 of 2018  
 
2
but also by this Court. Later on an application was submitted by 
the National Accountability Bureau before the trial court under 
section 33-E of the National Accountability Ordinance, 1999 
seeking an order regarding recovery of fine from the respondent 
and the said application was disposed of by the trial court with an 
observation that the respondent’s disqualification started from the 
date the respondent paid the fine imposed upon him. The said 
observation of the trial court was set aside by the High Court 
through the impugned judgments passed by it and it was held by 
the High Court that the trial court was not justified in making the 
above mentioned observation. The impugned judgments passed by 
the 
High 
Court 
show 
that 
the 
controversy 
regarding 
commencement of the period of disqualification of the respondent 
under section 15(a) of the National Accountability Ordinance, 1999 
was not resolved by the High Court. Hence, the present appeals by 
leave of this Court granted on 28.06.2018.  
 
2. 
We have heard the learned counsel for the parties and have 
gone through the record of these cases with their assistance.  
 
3. 
The issue raised through the present appeals is regarding 
the time of commencement of the respondent’s disqualification 
under section 15(a) of the National Accountability Ordinance, 
1999. The trial court had observed that the respondent’s 
disqualification was to start from the date when he paid the 
requisite fine but the High Court had set aside that observation of 
the trial court without resolving the said issue. The words used by 
the legislature in section 15(a) of the National Accountability 
Ordinance, 1999 are that the period of disqualification is “to be 
reckoned from the date he is released after serving the sentence”. 
In the cases in hand the respondent had served out his sentences 
of imprisonment on 22.10.2013 when he was released from the jail 
and according to the record he had deposited the requisite fine on 
29.11.2016. According to section 53, PPC the punishments to be 
served by convicts include a sentence of imprisonment as well as a 
sentence of fine and, thus, in terms of section 15(a) of the National 
Criminal Appeals No. 386, 387, 388, 389 and 390 of 2018  
 
3
Accountability Ordinance, 1999 the respondent could be said to 
have served his entire sentence when he was to have undergone 
the sentence of imprisonment as well as served the sentence of fine 
by depositing the same. In this view of the matter the time of 
commencement of the respondent’s disqualification under section 
15(a) of the National Accountability Ordinance, 1999 was to be the 
date on which he had completely served out all his sentences by 
undergoing the sentences of imprisonment as well as by payment 
of fine which was 29.11.2016. It is, therefore, clarified that the 
disqualification of the respondent was to be reckoned from 
29.11.2016. With this clarification these appeals are allowed and 
disposed of.  
     
Chief Justice 
 
Judge 
 
Judge 
Islamabad 
08.07.2019 
Approved for reporting.  
 
Arif 
