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National
January 15, 2021
ISLAMABAD: Misuse of authority, no matter how grave and gross, does not constitute an offence under the National Accountability Ordinance (NAO) unless it involves mens rea [criminal intent] and conscious knowledge or a guilty mind, the Islamabad High Court (IHC) has ruled.
Mere ‘misuse of authority’, no matter how grave or gross in nature, would not be sufficient to constitute an offence under section 9(a)(vi) [of the NAO] because the unambiguous language used by the legislature makes the existence of the other ingredients a precondition, the judgment handed in the Nandipur Power Project case stated while upholding the acquittal of Adviser on Parliamentary Affairs Babar Awan and former law secretary Justice (retd) Riaz Kayani by an accountability court.