Holders of Representative Offices’ (Punishment for Misconduct) Order, 1977

Holders of Representative Offices’ (Punishment for Misconduct) Order, 1977

President’s (Post‑Proclamation) Order No. 16 of 1977

[Gazette of Pakistan, Extraordinary, Part I, 25th November 1977]

No. F. 24(2)/77‑Pub.‑The following Order made by the President on the 13th November 1977, is hereby published for general information;---

In pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA’s Order No. I of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order;---

1. Short title, extent and commencement.--- (1) This Order may be called the Holders of Representative Offices (Punishment for Misconduct) Order, 1977.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.--- In this Order, unless there is anything repugnant in the subject or context,---

(a) “holder of representative office” meats a person who is holding, or has held,---

(i) under the Provisional Constitution Order or the Interim Constitution of the Islamic Republic of Pakistan, the office of President or Governor, or

(ii) under the Presidential Cabinet Order, 1972 (P. O. No. 3 of 1972), or the Interim Constitution of the Islamic Republic of Pakistan or the Constitution of the Islamic Republic of Pakistan, the office of Prime Minister, member of the President's Council of Ministers, Federal Minister, Minister of State. Attorney‑General, Chief Minister, member of a Governor's Council of Minister, Provincial Minister, Parliamentary Secretary, Advocate‑General or member of the National Assembly or of the Senate or of a Provincial Assembly; and

(b) “Special Court” means a Special Court established under Article 4.

3. Misconduct.--- (1) Any holder of representative office who is convicted for having committed or attempted to commit misconduct at any time after December, 1970, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

(2) A holder of representative office is said to commit the offence of misconduct,---

(a) if he accepts or obtains or agrees to accept or attempts to obtain from any person for himself or any other person any illegal gratification as a motive or reward for doing or for bearing to do any dial act or for showing or forbearing to show, in the exercise of his official functions favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Federal Government or any Provincial Government or Parliament or a Provincial Assembly, or with any public servant, as such, or

(b) if he accepts or obtains or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate or unlawful from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his official functions, or from any person whom he knows to be interested in or related to the person so concerned, or

(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use or for the use of any other person any property entrusted to him or under his control as a holder of representative office or willfully allows any other person so to do, or

(d) if he so deals with or invests money or other property entrusted to him or under his control as a holder of representative office for the welfare of the public in general as to continue his own control, either singly or together with any of the members of his family, on the use or disposal of such money or property, or the income arising out of it, even after he ceases to hold such office, or for the benefit of a particular political party or the members thereof, or

(e) if he, by corrupt, dishonest or illegal means obtains for himself or for any other person any valuable thing or pecuniary advantage, or

(f) if he, or arty member of his family or any other person on his behalf, is in possession, for which the holder of representative office cannot reasonably account, of pecuniary resources or of property disproportionate to his known sources of income.

(3) In any trial for an offence punishable under paragraph (f) of clause (2) the fact that the accused person or any member of his family or any other person on his behalf is in possession, for which the accused person cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income may be proved, and on such proof the Special Court shall presume, unless the contrary is proved. That the accused person is guilty of misconduct and his conviction therefore shall not be invalid by reason only that it is bared solely on such presumption.

(4) A person who is convicted for an offence punishable under clause (1) shall stand disqualified fox a period of seven years from being elected or chosen as a member of Parliament or of a Provincial Assembly.

(5) The provisions of this Article shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any holder of representative office from any proceeding which might, apart from this Article, be instituted against him.

4. Establishment of Special Courts.--- (1) For the trial of offences punishable under this Order, the President may, by notification in the official Gazette, establish as many Special Courts as he may consider necessary and, where he establishes more than one Special Court shall specify in the notification the territorial limits within which, or the class of cases in respect of which, each one of them shall exercise jurisdiction under this Order.

(2) Each Special Court shall consist of a person who is a Judge of a High Court.

5. Offence to be tried by Special Court.--- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in any other lour for the time being in force an offence punishable under Article 3 shall be tried exclusively by a Special Court.

(2) The Special Court shall not take cognizance of an offence punishable under Article 3 except with the previous sanction of the Federal Government.

6. Powers and procedure of Special Court.--- (1) A Special Court shall have all the powers conferred by the Code of Criminal Procedure, 1898 (Act V of 1898), on a Court of Session exercising original jurisdiction.

(2) Notwithstanding anything contained in any other law for this time being in force, a Special Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.

(3) A Special Court shall not be bound to adjourn any trial for any purpose, unless such adjournment is, in its opinion, necessary in the interests of justice.

(4) A Special Court shall not, merely by reason of a change in its composition, be bound to recall and rehear any witness who has given evidence and may act on the evidence already recorded by or produced before it.

(5) A Special Court shall have the powers of a High Court to punish its own contempt.

7. Accused person to be competent witness.--- Any person charged with an offence punishable under Article 3 shall be a competent witness for the defence and may give evidence on oath in disproof of the charges shade against him or any person charged together with him at the same trial;

Provided that,---

(a) he shall not be called as a witness except on his own request.

(b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against him or any person charged together with him at She same trial.

(c) he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless,---

(i) the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or

(ii) he has personally or by his pleader asked questions from any witness or the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for prosecution, or

(iii) he has given evidence against any other person charged with the came offence.

8. Appeal.--- Any person sentenced by a Special Court under his Order may, within thirty days of the decision of the Special Court, prefer an appeal to the Supreme Court.

9. Bar of jurisdiction.--- Save as provided in Article 8, no Court shall have any jurisdiction of any kind, in respect of any order, sentence or proceedings of a Special Court.