16. Person:- Word ‘person’ as used in S.9, National Accountability Ordinance, 1999 has been used in the general sense and includes ‘every person’-Contention that person as used in S.9 of the Ordinance only refers to a person who abets the offence with a holder of public office, is not tenable as the offence of abetment has been separately dealt with in S.9(xii) of the Ordinance-Principles-(Haji Kabeer Khan v. The State Criminal Appeal No.5 of 2001 dissented from]. In the ordinary use, the word ‘or’ is disjunctive that marks an alternative which generally corresponds to the word ‘either’. The word ‘person’ has been used in the general sense and includes every person. It is one of the fundamental rules of construction that the general words should be given a general construction unless the statute in some manner reveals that the legislative intent was otherwise. There is no contrary intent. A close examination of section 9, would show that with reference to subject-matter there are three kinds of offences. Those kinds are as under; — (i) Offences which are committed by holder of public office specific; (ii) Offences which are committed by the holder of a public office along-with any other person and in which the latter is also liable; (iii) Offences committed by persons who do not hold any public office. The argument that the ‘person’ used in section 9, only refers to a person who abets the offence with a holder of public office, is not tenable as the offence of abetment has been separately dealt with in clause (xii) of section 9. Even in section 10 of .the NAB Ordinance which relates to punishments, ‘the holder of public office’ and ‘person’ have been separately described. Similarly, the legislative intent of making it applicable to all persons is clear from a reading of section 20 of the Ordinance. Haji Kabeer Khan v- The State Criminal Appeal No-5 of 2001 dissented from. Crawford’s Interpretation of Laws; Ch. Amir Sher Ali v. The State Criminal Appeal No.753 of 2001 and Abdul Aziz Memon v. The State Appeal No.58 of 2002
Translate »Copy Protected by Chetan's WP-Copyprotect.