Section 16A: Transfer of cases

4[16A. Transfer of cases.— (a) Notwithstanding anything contained in any other law for the time being in force, the Chairman NAB may apply to any court of law or tribunal that any case involving 5[any] offence under this Ordinance pending before such court or tribunal shall be transferred to a Court established under this Ordinance, then such other 11[court or tribunal] shall transfer the said case to any Court established under this Ordinance and it shall 6[be deemed to be a reference under section 18 of 11[this Ordinance], and it shall] not be necessary for the Court to recall any witness or again to record any evidence that may have been recorded. 1[(b) In respect of any case pending before a Court, 2[if] the Prosecutor General Accountability or any Special Prosecutor authorised by him in this behalf, having regard to the facts and circumstances of the case and in the interest of justice and for the protection and safety of witnesses, considers it necessary that such case is 5[required to be] transferred for trial, he may apply, for the transfer of the case from any such Court in one Province to a Court in another Province or from one 2[Court] in a Province to another Court in the same Province. (i) to the Supreme Court of Pakistan in case the transfer is intended from a Court in a Province to a Court in another Province; and (ii) to the High Court of the Province in case the transfer is intended from one Court in a Province to another Court in the same Province5[:] and the Supreme Court or the High Court, as the case may be, if it is in the interest of justice, transfer the case from one 2[Court] to another 2[Court] and the case so transferred shall be tried under this Ordinance without recalling any witness whose evidence may have been recorded. (c) The accused may also make an application to the Supreme Court for the transfer of a case from a Court in one Province to a Court in another Province and to the High Court for transfer of a case from one Court in a Province to another Court in the same Province and the Supreme Court or the High Court, as the case may be, if it is in the interest of justice, transfer the case from one Court to another Court, and the case so transferred shall be tried under this Ordinance without recalling any witness whose evidence may have been recorded.]] 4[(d) The provisions of this section shall mutatis mutandis apply to the Islamabad Capital Territory.]

Effective date: 1999-01-01

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