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– \u00a0<\/span>\u1273\u130d\u12f6 \u12e8\u1290\u1260\u1228\u12cd \u1265\u12ed\u1295 \u12a5\u1295\u12f2\u1240\u1325\u120d \u1275\u12d5\u12db\u12dd \u1270\u1230\u1320<\/span><\/em><\/p>\n

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\u12e8\u12ae\u121a\u123d\u1291 \u12d3\u1243\u1264 \u1215\u130d \u1263\u1240\u1228\u1260\u12cd \u12e8\u1245\u122c\u1273 \u12a0\u1264\u1271\u1273 \u12a5\u1295\u12f0\u1308\u1208\u1338\u12cd\u1363 \u1260\u12a0\u12cb\u1305 \u1241\u1325\u122d 343\/1997 \u12a0\u1295\u1240\u133d 38(2) \u1218\u1220\u1228\u1275 \u12e8\u121d\u1235\u12ad\u122e\u1279 \u1235\u121d \u1260\u121a\u1235\u1325\u122d \u12a5\u1295\u12f2\u12eb\u12dd\u1208\u1275 \u12eb\u1240\u1228\u1260\u12cd \u1325\u12eb\u1244 \u1270\u1240\u1263\u12ed\u1290\u1275 \u12a0\u120b\u1308\u1298\u121d\u1361\u1361<\/p>\n

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\u12e8\u134c\u12f4\u122b\u120d \u12a8\u134d\u1270\u129b \u134d\u122d\u12f5 \u1264\u1275 18\u129b \u12c8\u1295\u1300\u120d \u127d\u120e\u1275 \u12e8\u12ae\u121a\u123d\u1291 \u12d3\u1243\u1264 \u1215\u130d \u12eb\u1240\u1228\u1260\u12cd \u2039\u2039\u12f3\u129e\u127d \u12ed\u1290\u1231\u120d\u129d\u203a\u203a \u1325\u12eb\u1244\u1293 \u1208\u1218\u1290\u1233\u1273\u1278\u12cd \u1263\u1240\u1228\u1260\u12cd \u121d\u12ad\u1295\u12eb\u1276\u127d \u120b\u12ed \u127d\u120e\u1271 \u12dd\u122d\u12dd\u122d \u121b\u1235\u1228\u1303\u12ce\u127d\u1295 \u12a8\u1215\u1309 \u12f5\u1295\u130b\u130c \u130b\u122d \u12ab\u1235\u1228\u12f3 \u1260\u128b\u120b\u1363 \u1260\u12a0\u12cb\u1301 \u12a0\u1295\u12f5 \u1245\u122c\u1273 \u12e8\u1240\u1228\u1260\u1260\u1275 \u12f3\u129b \u12a5\u1295\u12f4\u1275 \u12a8\u127d\u120e\u1275 \u12a5\u1295\u12f0\u121a\u1290\u1233 \u12a8\u121b\u1233\u12c8\u1241 \u12cd\u132a \u1226\u1235\u1275 \u12f3\u129e\u127d \u1260\u12a0\u1295\u12f5 \u130a\u12dc \u12a5\u1295\u12f4\u1275 \u12a5\u1295\u12f0\u121a\u1290\u1231 \u12eb\u1208\u12cd \u1290\u1308\u122d \u12a5\u1295\u12f0\u120c\u1208\u121d \u1320\u1245\u1237\u120d\u1361\u1361 \u1290\u1308\u122d \u130d\u1295 \u121d\u1295\u121d \u12a5\u1295\u12b3\u1295 \u1235\u1208\u1226\u1235\u1275 \u12f3\u129e\u127d \u1218\u1290\u1233\u1275 \u1215\u1309 \u12e8\u121a\u1208\u12cd \u1290\u1308\u122d \u1263\u12ed\u1296\u122d\u121d\u1363 \u12a0\u1295\u12f5 \u12f3\u129b \u12a8\u127d\u120e\u1275 \u12a5\u1295\u12f2\u1290\u1233 \u12a0\u1264\u1271\u1273 \u1232\u1240\u122d\u1265\u1260\u1275\u1363 \u12e8\u121b\u12ed\u1290\u1233\u1260\u1275\u1295 \u121d\u12ad\u1295\u12eb\u1275 \u1260\u12eb\u12d8\u12cd \u1218\u12dd\u1308\u1265 \u120b\u12ed \u12a0\u1235\u134d\u122e \u1260\u122c\u1305\u1235\u1275\u122b\u122d \u1260\u12a9\u120d \u12c8\u12f0 \u120c\u120b \u127d\u120e\u1275 \u1270\u1218\u122d\u1276 \u12a5\u1295\u12f2\u1218\u1228\u1218\u122d \u1260\u121a\u12eb\u12d8\u12cd \u1218\u1220\u1228\u1275\u1363 \u1226\u1235\u1271\u121d \u12f3\u129e\u127d \u12dd\u122d\u12dd\u122d \u1210\u1233\u1263\u1278\u12cd\u1295 \u1260\u1218\u12dd\u1308\u1261 \u12a0\u1235\u134d\u1228\u12cd \u1260\u122c\u1305\u1235\u1275\u122b\u122d \u1260\u12a9\u120d \u1208\u120c\u120b \u127d\u120e\u1275 \u12a5\u1295\u12f2\u1218\u122b \u1275\u12d5\u12db\u12dd \u1230\u1325\u1270\u12cd \u1290\u1260\u122d\u1361\u1361<\/p>\n

\u1260\u122c\u1305\u1235\u1275\u122b\u122d \u1260\u12a9\u120d \u1218\u12dd\u1308\u1261 \u12e8\u12f0\u1228\u1230\u12cd \u120c\u120b\u12cd \u12e8\u134c\u12f4\u122b\u120d \u12a8\u134d\u1270\u129b \u134d\u122d\u12f5 \u1264\u1275 \u127d\u120e\u1275\u1363 \u1260\u134c\u12f4\u122b\u120d \u134d\u122d\u12f5 \u1264\u1276\u127d \u12a0\u12cb\u1305 \u1241\u1325\u122d 25\/1998 \u12a0\u1295\u1240\u133d 28\/3\/ \u1218\u1220\u1228\u1275 \u12e8\u12d3\u1243\u1264 \u1215\u130d\u1295 \u12a0\u1264\u1271\u1273 \u134d\u122c \u1290\u1308\u122d \u12a8\u1270\u1308\u1262\u12cd \u12e8\u1215\u130d \u12f5\u1295\u130b\u130c \u130b\u122d \u1260\u121b\u1308\u1293\u12d8\u1265 \u1218\u122d\u121d\u122e \u1265\u12ed\u1295 \u1230\u1325\u1277\u120d\u1361\u1361<\/p>\n

\u127d\u120e\u1271 \u12a5\u1295\u12f0\u1218\u1228\u121d\u1228\u12cd \u12d3\u1243\u1264 \u1215\u130d \u121d\u1235\u12ad\u122e\u1279 \u1260\u121a\u1235\u1325\u122d \u12a5\u1295\u12f2\u12eb\u12d9\u1208\u1275\u1293 \u121b\u1295\u1290\u1273\u1278\u12cd \u12a5\u1295\u12f3\u12ed\u1308\u1208\u133d \u12eb\u1240\u1228\u1260\u12cd\u1295 \u12a0\u1264\u1271\u1273 \u127d\u120e\u1271 (\u1235\u121d\u1295\u1270\u129b \u12c8\u1295\u1300\u120d \u127d\u120e\u1275) \u12cd\u12f5\u1245 \u12eb\u12f0\u1228\u1308\u12cd \u2039\u2039\u12f3\u129e\u1279\u1295 \u12a8\u127d\u120e\u1275 \u120a\u12eb\u1235\u1290\u1233\u1278\u12cd \u12ed\u127d\u120b\u120d \u12c8\u12ed\u1235 \u12a0\u12ed\u127d\u120d\u121d?\u203a\u203a \u12e8\u121a\u1208\u12cd\u1295 \u12a0\u12ed\u1276 \u1290\u12cd\u1361\u1361 \u1260\u12a0\u12cb\u1305 \u1241\u1325\u122d 25\/1988 \u12a0\u1295\u1240\u133d 27(1) \u12a8\u2039\u2039\u1200\u203a\u203a \u12a5\u1235\u12a8 \u2039\u2039\u1218\u203a\u203a \u12f3\u129e\u127d \u12a5\u1295\u12f4\u1275 \u12a8\u127d\u120e\u1275 \u1218\u1290\u1233\u1275 \u12a5\u1295\u12f3\u1208\u1263\u1278\u12cd \u12a8\u1270\u12d8\u1228\u12d8\u1229\u1275 \u12cd\u1235\u1325 \u12e8\u121b\u12ed\u12ab\u1270\u1275 \u1262\u1206\u1295\u121d\u1363 \u1260\u12da\u1201 \u12a0\u12cb\u1305 \u1241\u1325\u122d \u1295\u12d1\u1235 \u12a0\u1295\u1240\u133d 1\u2039\u2039\u1220\u203a\u203a \u1225\u122d \u12f3\u129e\u127d \u12e8\u121a\u1290\u1231\u1260\u1275 \u1260\u1242 \u121d\u12ad\u1295\u12eb\u1275 \u12ab\u1208 \u12a5\u1295\u12f4\u1275 \u12a5\u1295\u12f0\u121a\u1290\u1231 \u1218\u12f0\u1295\u1308\u1309\u1295 \u127d\u120e\u1271 \u1320\u1241\u121f\u120d\u1361\u1361\u00a0<\/p>\n

\u1260\u1218\u1206\u1291\u121d \u12d3\u1243\u1264 \u1215\u130d \u12eb\u1240\u1228\u1260\u12cd \u134d\u122c \u1290\u1308\u122d \u2039\u2039\u120a\u12ab\u1270\u1275 \u12ed\u127d\u120b\u120d? \u12c8\u12ed\u1235 \u12a0\u12ed\u127d\u120d\u121d?\u203a\u203a \u12e8\u121a\u1208\u12cd\u1295 \u132d\u1265\u1325 \u12ed\u12de \u127d\u120e\u1271 \u1232\u1218\u1228\u121d\u1228\u12cd\u1363 \u12d3\u1243\u1264 \u1215\u130d \u12e8\u121d\u1235\u12ad\u122e\u1279\u1295 \u121b\u1295\u1290\u1275 \u1218\u130d\u1208\u133d \u12eb\u1240\u1228\u1260\u12cd\u1295 \u12ad\u1235 \u12a5\u12cd\u1290\u1273 \u12a5\u1295\u12f3\u12eb\u12cd\u1323\u1323 \u12e8\u121a\u12eb\u12f0\u122d\u1308\u12cd \u12a8\u1206\u1290 \u12ed\u130d\u1263\u129d \u1218\u1320\u12e8\u1245 \u12a8\u121a\u1308\u1263\u12cd \u1260\u1235\u1270\u1240\u122d \u1208\u12f3\u129e\u127d \u1218\u1290\u1233\u1275 \u121d\u12ad\u1295\u12eb\u1275 \u1206\u1296 \u120a\u12c8\u1230\u12f5 \u12e8\u121a\u12eb\u1260\u1243\u1363 \u12c8\u12ed\u121d \u12a0\u12cb\u1305 \u1241\u1325\u122d 25\/1988 \u12a0\u1295\u1240\u133d 27(1-\u1220)\u1295 \u12e8\u121a\u12eb\u121f\u120b \u12a0\u1208\u1218\u1206\u1291\u1295 \u1308\u120d\u133f\u120d\u1361\u1361<\/p>\n

\u12d3\u1243\u1264 \u1215\u130d \u12eb\u1240\u1228\u1260\u12cd\u1295 \u12e8\u1230\u12cd\u1293 \u12e8\u1230\u1290\u12f5 \u121b\u1235\u1228\u1303 \u1260\u12a0\u1295\u12f5\u1290\u1275 \u1233\u12ed\u1218\u1228\u121d\u122d \u127d\u120e\u1271 \u121d\u1235\u12ad\u122e\u127d\u1295 \u1230\u121d\u1276 \u1260\u1328\u1228\u1230\u1260\u1275 \u12d5\u1208\u1275 \u121b\u1323\u122a\u12eb \u121d\u1235\u12ad\u122e\u127d\u1295 \u1320\u122d\u1276 \u1218\u1235\u121b\u1271 \u12a0\u130d\u1263\u1265 \u1218\u1206\u1295 \u12a0\u1208\u1218\u1206\u1291\u1295 \u1218\u1218\u122d\u1218\u1229\u1295\u121d \u127d\u120e\u1271 \u1308\u120d\u133f\u120d\u1361\u1361 \u12e8\u12ad\u1235\u1293 \u121b\u1235\u1228\u1303 \u12a0\u1230\u121b\u121d\u1295 \u1260\u121a\u1218\u1208\u12a8\u1275 \u1260\u12c8\/\u1218\/\u1225\/\u1225\/\u1215\u130d \u12ad\u134d\u120d \u1201\u1208\u1275 \u12a0\u1295\u1240\u133d 136\u1293 \u1270\u12a8\u1273\u12ee\u1279 \u120b\u12ed \u1218\u12f0\u1295\u1308\u1309\u1295\u121d \u1320\u1241\u121f\u120d\u1361\u1361 \u12a0\u1295\u12f5 \u127d\u120e\u1275 \u1218\u12dd\u1308\u1265 \u1233\u12ed\u1218\u1228\u121d\u122d \u1260\u12c8\/\u1225\/\u1225\/\u1215\u130d \u12a0\u1295\u1240\u133d 143(1) \u1218\u1220\u1228\u1275 \u121b\u1235\u1228\u1303 \u1218\u1235\u121b\u1275 \u12ed\u127d\u120b\u120d\u1361\u1361 \u127d\u120e\u1271 \u12a8\u1218\u1300\u1218\u122d\u12eb \u1300\u121d\u122e \u12a5\u12e8\u1230\u121b\u12cd \u12e8\u1218\u1323 \u1309\u12f3\u12ed \u12a8\u1206\u1290 \u12e8\u121d\u1235\u12ad\u122d \u1243\u120d\u1293 \u121b\u1235\u1228\u1303\u1295 \u1218\u122d\u121d\u122e \u1208\u1218\u1208\u12e8\u1275 \u1240\u1320\u122e \u1218\u1235\u1320\u1275 \u120b\u12eb\u1235\u1348\u120d\u1308\u12cd \u12a5\u1295\u12f0\u121a\u127d\u120d\u121d \u127d\u120e\u1271 \u12a0\u12ad\u120f\u120d\u1361\u1361 \u1260\u127d\u120e\u1271 \u1270\u1328\u121b\u122a \u121b\u1235\u1228\u1303 \u12a0\u1208\u1218\u1235\u121b\u1275\u1363 \u1260\u127d\u120e\u1271 \u1270\u1328\u121b\u122a \u121b\u1235\u1228\u1303 \u1260\u121b\u12d8\u12dd \u1218\u1235\u121b\u1275\u1363 \u12f3\u129e\u1279 \u12e8\u1225\u1290 \u1225\u122d\u12d3\u1275 \u1215\u1309\u1295 \u1233\u12ed\u12a8\u1270\u1209 \u1220\u122d\u1270\u12cb\u120d \u12a0\u1235\u1265\u120e \u1308\u1208\u120d\u1270\u129b\u1290\u1273\u1278\u12cd\u1295 \u12e8\u121a\u12eb\u1235\u1320\u1228\u1325\u122d \u12a0\u1208\u1218\u1206\u1291\u1295 \u1308\u120d\u133e \u12a8\u127d\u120e\u1275 \u12e8\u121a\u1290\u1231\u1260\u1275 \u1260\u1242 \u121d\u12ad\u1295\u12eb\u1275 \u12a0\u1208\u1218\u1206\u1291\u1295 \u12a0\u1235\u1273\u12cd\u124b\u120d\u1361\u1361<\/p>\n

\u12e8\u12ae\u121a\u123d\u1291 \u12d3\u1243\u1264 \u1215\u130d \u120c\u120b\u12cd \u12eb\u1240\u1228\u1260\u12cd \u12a0\u1264\u1271\u1273 \u127d\u120e\u1271 (18\u129b \u12c8\u1295\u1300\u120d \u127d\u120e\u1275) \u1240\u1320\u122e\u12ce\u127d\u1295 \u1232\u1230\u1325 \u12e8\u1240\u1291\u1295 \u1218\u1240\u122b\u1228\u1265 (\u1260\u12a0\u132d\u122d \u1260\u12a0\u132d\u122d \u1240\u1293\u1275) \u12e8\u12f3\u129e\u127d\u1295 \u1308\u1208\u120d\u1270\u129d\u1290\u1275 \u120b\u12ed \u1325\u122d\u1323\u122c \u12a5\u1295\u12f3\u1233\u12f0\u1228\u1260\u1275 \u1232\u1206\u1295\u1363 \u1218\u12dd\u1308\u1261\u1295 \u12e8\u1218\u1228\u1218\u1228\u12cd\u121d \u127d\u120e\u1275 \u121b\u1265\u122b\u122d\u12eb \u1230\u1325\u1277\u120d\u1361\u1361 \u1218\u12dd\u1308\u1261 \u12e8\u121a\u12eb\u1218\u1208\u12a8\u1275\u12cd \u127d\u120e\u1271 \u12e8\u1270\u1208\u12eb\u12e9 \u1225\u122b\u12ce\u127d\u1295 \u1208\u121b\u12a8\u1293\u12c8\u1295 \u1240\u1320\u122e\u12ce\u127d\u1295 \u1260\u1240\u1293\u1275\u1363 \u1260\u1233\u121d\u1295\u1273\u1275\u1293 \u126015 \u1240\u1293\u1275 \u120d\u12e9\u1290\u1275 \u1232\u1230\u1325 \u12a5\u1295\u12f0\u1290\u1260\u122d \u12a8\u1218\u12dd\u1308\u1261 \u1208\u1218\u1228\u12f3\u1275 \u1218\u127b\u1209\u1295 \u1308\u120d\u133f\u120d\u1361\u1361 \u12e8\u12c8\/\u1218\/\u1225\/\u1225\/\u1215\u130d \u1241\u1325\u122d 94 (1) \u12a5\u1293 94 (2 – \u1218) \u120b\u12ed \u1270\u12f0\u1295\u130d\u130e \u12a5\u1295\u12f0\u121a\u1273\u12e8\u12cd \u134d\u122d\u12f5 \u1264\u1275 \u1208\u1275\u12ad\u12ad\u1208\u129b \u134d\u1275\u1215 \u12a0\u1230\u1323\u1325 \u12ed\u1228\u12f3\u120d \u1265\u120e \u12ab\u1218\u1290\u1260\u1275\u1363 \u12e8\u1240\u1320\u122e\u12cd\u1295 \u1225\u122d\u12d3\u1275 \u12e8\u1218\u121d\u122b\u1275 \u1225\u120d\u1323\u1295 \u12e8\u127d\u120e\u1271 \u1218\u1206\u1291\u1295\u121d \u1320\u1241\u121f\u120d\u1361\u1361 \u1260\u1215\u1308 \u1218\u1295\u130d\u1225\u1271 \u12a0\u1295\u1240\u133d 20 (1) \u120b\u12ed\u121d \u12e8\u1270\u12a8\u1230\u1231 \u1230\u12ce\u127d \u12ad\u1233\u1278\u12cd\u1295 \u1260\u12a0\u132d\u122d \u130a\u12dc \u1218\u1235\u121b\u1275\u1293 \u12a5\u120d\u1263\u1275 \u121b\u130d\u1298\u1275\u121d \u12a5\u1295\u12f3\u1208\u1263\u1278\u12cd \u1218\u12f0\u1295\u1308\u1309\u1295\u121d \u12a0\u12ad\u120f\u120d\u1361\u1361<\/p>\n

\u1260\u12ae\u121a\u123d\u1291 \u12d3\u1243\u1264 \u1215\u130d \u12a0\u1264\u1271\u1273 \u12e8\u1240\u1228\u1260\u1260\u1275 18\u129b \u12c8\u1295\u1300\u120d \u127d\u120e\u1275\u121d \u12e8\u1230\u1320\u12cd \u1240\u1320\u122e\u1363 \u1215\u130b\u12ca \u1218\u1220\u1228\u1275 \u12eb\u1208\u12cd\u1293 \u1215\u1308 \u1218\u1295\u130d\u1225\u1271\u1295 \u1260\u121b\u12ad\u1260\u122d\u1293 \u12e8\u121b\u1235\u12a8\u1260\u122d \u130d\u12f4\u1273\u12cd\u1295 \u12a8\u1218\u12c8\u1323\u1275 \u12e8\u1218\u1290\u1328 \u12a5\u1295\u1302\u1363 \u1275\u12ad\u12ad\u1208\u129b\u12cd \u134d\u1275\u1215 \u12a5\u1295\u12f3\u12ed\u1230\u1325 \u12e8\u121a\u12eb\u12f0\u122d\u130d \u1260\u1242 \u121d\u12ad\u1295\u12eb\u1275 \u120a\u1206\u1295 \u12a5\u1295\u12f0\u121b\u12ed\u127d\u120d \u127d\u120e\u1271 \u12a0\u1235\u1273\u12cd\u124b\u120d\u1361\u1361<\/p>\n

\u1260\u12a0\u1320\u1243\u120b\u12ed \u1260\u12ae\u121a\u123d\u1291 \u12d3\u1243\u1264 \u1215\u130d \u12e8\u1240\u1228\u1261\u1275 \u2039\u2039\u12f3\u129e\u127d \u12a8\u127d\u120e\u1275 \u12ed\u1290\u1231\u120d\u129d\u203a\u203a \u121d\u12ad\u1295\u12eb\u1276\u127d\u1363 \u12a8\u121d\u12ad\u1295\u12eb\u1276\u1279 \u1260\u1235\u1270\u1300\u122d\u1263 \u12e8\u12f3\u129d\u1290\u1275 \u1225\u122d\u12d3\u1271 \u12e8\u121b\u12ed\u1348\u1245\u12f0\u12cd\u1293 \u12a8\u1225\u1290 \u121d\u130d\u1263\u122d \u12cd\u132a \u12e8\u1270\u12a8\u1293\u12c8\u1290 \u1270\u130d\u1263\u122d \u1218\u1296\u1229\u1295 \u12ab\u120b\u1218\u1208\u12a8\u1270\u1293 \u12f3\u129e\u1279 \u12a5\u12cd\u1290\u1270\u129b\u12cd\u1295 \u134d\u122d\u12f5 \u12a5\u1295\u12f3\u12ed\u1230\u1321 \u12e8\u121a\u12eb\u12f0\u122d\u1313\u1278\u12cd\u1295 \u121d\u12ad\u1295\u12eb\u1276\u127d \u12eb\u120b\u1235\u12f0\u1308\u1348 \u1218\u1206\u1291\u1295 \u127d\u120e\u1271 \u1260\u1265\u12ed\u1291 \u1308\u120d\u133f\u120d\u1361\u1361 \u12f3\u129e\u127d \u1260\u1215\u1308 \u1218\u1295\u130d\u1225\u1271 \u12a0\u1295\u1240\u133d 70 (3) \u1260\u1219\u1209 \u1290\u1343\u1290\u1275 \u1215\u130d\u1295 \u1218\u1220\u1228\u1275 \u12a0\u12f5\u122d\u1308\u12cd \u1218\u1225\u122b\u1275 \u12a5\u1295\u12f3\u1208\u1263\u1278\u12cd \u12a8\u121a\u12f0\u1290\u130d\u1308\u12cd \u12a0\u1295\u1240\u133d \u130b\u122d \u12e8\u121a\u1323\u1228\u1235\u1293 \u12e8\u12a0\u12cb\u1305 \u1241\u1325\u122d 25\/1988 \u12a0\u1295\u1240\u133d 27\u1295 \u12d3\u120b\u121b\u1293 \u1218\u1295\u1348\u1235\u1295 \u12eb\u120d\u1270\u12a8\u1270\u1208 \u1218\u1206\u1291\u1295 \u12a0\u1265\u122b\u122d\u1276\u1363 \u12e8\u1240\u1228\u1260\u12cd\u1295 \u12a0\u1264\u1271\u1273 \u12a5\u1295\u12f3\u120d\u1270\u1240\u1260\u1208\u12cd \u1260\u1218\u130d\u1208\u133d \u12cd\u12f5\u1245 \u12a0\u12f5\u122d\u130e\u1273\u120d\u1361\u1361 \u1218\u12dd\u1308\u1261\u121d \u12c8\u12f0\u121a\u1273\u12ed\u1260\u1275 18\u129b \u12c8\u1295\u1300\u120d \u127d\u120e\u1275 \u1270\u1218\u120d\u1236 \u1240\u1320\u122e\u12cd\u1295 \u1270\u12a8\u1275\u120e \u1265\u12ed\u1291 \u12a5\u1295\u12f2\u1230\u1325 \u12a0\u12df\u120d\u1361\u1361<\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

\n

–  <\/span>ታግዶ የነበረው ብይን እንዲቀጥል ትዕዛዝ ተሰጠ<\/span><\/em><\/p>\n

የፌዴራል የሥነ ምግባርና የፀረ ሙስና ኮሚሽን ከቤቶች ልማት ግንባታ ፕሮጀክት ጽሕፈት ቤት፣ የግብዓት አቅርቦትና አስተዳደር መምርያ ጋር በተገናኝ የመሠረተውን የሙስና ወንጀል ክስ እየሰሙ የሚገኙት የፌዴራል ከፍተኛ ፍርድ ቤት 18ኛ ወንጀል ችሎት ዳኞች እንዲነሱለት፣ ሚያዝያ 19 ቀን 2007 ዓ.ም. አቅርቦት የነበረው የአቤቱታ ደብዳቤ ውድቅ ተደረገ፡፡<\/span><\/p>\n<\/div>\n

\n

የኮሚሽኑ ዓቃቤ ሕግ አቤቱታውን አቅርቦ የነበረው፣ በሙስና ወንጀል መጠርጠራቸውን ገልጾ ክስ በመሠረተባቸው የቤቶች ልማት ግንባታ ፕሮጀክት ጽሕፈት ቤት ግብዓት አቅርቦትና አስተዳደር መምርያ ምክትል ሥራ አስኪያጅና  የኤቢፕላስት ኃላፊነቱ የተወሰነ የግል ማኅበር ኩባንያ ባለቤት ጉዳይ ሲሆን፣ የችሎቱ ዳኞች ገለልተኛ ሆነው ይሠራሉ የሚል ዕምነት እንደሌለው በመግለጽ ነው፡፡<\/span><\/p>\n

የኮሚሽኑ ዓቃቤ ሕግ ባቀረበው የቅሬታ አቤቱታ እንደገለጸው፣ በአዋጅ ቁጥር 343\/1997 አንቀጽ 38(2) መሠረት የምስክሮቹ ስም በሚስጥር እንዲያዝለት ያቀረበው ጥያቄ ተቀባይነት አላገኘም፡፡<\/p>\n

በዚህም ምክንያት ምስክሮቹ በተከሳሾች ማስፈራሪያ ስለደረሰባቸው ለመመስከር ፈቃደኛ ሳይሆኑ መቅረታቸውን፣ ያቀረባቸውን የሰውና የሰነድ ማስረጃዎች በአንድነት ሳይመረምሩና መጣራት ያለበት ፍሬ ነገር መኖር አለመኖሩን ከማስረጃው አንፃር ሳይጣራ ፍርድ ቤቱ ምስክሮችን ሰምቶ ባጠናቀቀበት ዕለት የማጣርያ ምስክሮችን ጠርቶ መስማቱንም አስረድቷል፡፡ በመሆኑም በመዝገቡ አያያዝም ሆነ አጠቃላይ የክርክር ሒደት በችሎቱ ዳኞች ገለልተኛነት ላይ ጥርጣሬ ስላደረበትና በቀጣይ ለሚሰጠው ብይንም ሆነ ፍርድ ፍትሐዊነት ላይ እንደሚጠራጠር ዓቃቤ ሕግ በአቤቱታው ገልጿል፡፡ በአዋጅ ቁጥር 25\/1988 አንቀጽ 28(1) መሠረት በሌላ ችሎት እንዲታይለት ወይም ለዳኞች አስተዳዳር ጉባዔም አቤቱታ በማቅረቡ፣ ጉባዔው ምላሽ እስከሚሰጠው ድረስ  ሚያዝያ 22 ቀን 2007 ዓ.ም. ሊሰጥ የነበረው ብይን ታግዶ እንዲቆይ አድርጎ ነበር፡፡<\/p>\n

ጉዳዩን እየሰማ የነበረውና እንዲነሳ የተጠየቀው ችሎትም በኮሚሽኑ ዓቃቤ ሕግ አቤቱታ ላይ ትዕዛዝ ሰጥቶ ነበር፡፡ ችሎቱ በትዕዛዙ ላይ እንደገለጸው፣ ዓቃቤ ሕግ የምስክሮቹ ስም በሚስጥር እንዲያዝለት ጠይቆ ተቀባይነት ካላገኘ ይግባኝ በማለት ‹‹ጉድለት አለ›› የሚልበትን አግባብ ማስረዳት ነበረበት፡፡ ምስክሮቹም ማስፈራርያ እንደ ደረሰባቸው ለችሎት ማመልከት ሲገባው አላመለከተም፡፡ ሌላው ፍርድ ቤቱ በማንኛውም ጊዜ ማንኛውንም ምስክር ጠርቶ መስማት እንደሚችል በወንጀለኛ መቅጫ ሥነ ሥርዓት ሕግ ቁጥር 143 (1) ላይ ተደንግጎ ይገኛል፡፡ የቀጠሮ አያያዝ ደግሞ የችሎት ሥልጣን በመሆኑና የኮሚሽኑ ዓቃቤ ሕግ ለችሎቱ ያቀረበውም የክስ ሒደት ከሌሎች ክሶች በተለየ አግባብ የታየበት ሁኔታ ስለሌለ፣ በአዋጅ ቁጥር 25\/1988 አንቀጽ 27 መሠረት ዳኞችን ከችሎት ከሚያስነሱ ምክንያቶች ውስጥ አለመሆኑን ጠቅሶ አቤቱታውን ውድቅ አድርጎት ነበር፡፡<\/p>\n

የፌዴራል ከፍተኛ ፍርድ ቤት 18ኛ ወንጀል ችሎት የኮሚሽኑ ዓቃቤ ሕግ ያቀረበው ‹‹ዳኞች ይነሱልኝ›› ጥያቄና ለመነሳታቸው ባቀረበው ምክንያቶች ላይ ችሎቱ ዝርዝር ማስረጃዎችን ከሕጉ ድንጋጌ ጋር ካስረዳ በኋላ፣ በአዋጁ አንድ ቅሬታ የቀረበበት ዳኛ እንዴት ከችሎት እንደሚነሳ ከማሳወቁ ውጪ ሦስት ዳኞች በአንድ ጊዜ እንዴት እንደሚነሱ ያለው ነገር እንደሌለም ጠቅሷል፡፡ ነገር ግን ምንም እንኳን ስለሦስት ዳኞች መነሳት ሕጉ የሚለው ነገር ባይኖርም፣ አንድ ዳኛ ከችሎት እንዲነሳ አቤቱታ ሲቀርብበት፣ የማይነሳበትን ምክንያት በያዘው መዝገብ ላይ አስፍሮ በሬጅስትራር በኩል ወደ ሌላ ችሎት ተመርቶ እንዲመረመር በሚያዘው መሠረት፣ ሦስቱም ዳኞች ዝርዝር ሐሳባቸውን በመዝገቡ አስፍረው በሬጅስትራር በኩል ለሌላ ችሎት እንዲመራ ትዕዛዝ ሰጥተው ነበር፡፡<\/p>\n

በሬጅስትራር በኩል መዝገቡ የደረሰው ሌላው የፌዴራል ከፍተኛ ፍርድ ቤት ችሎት፣ በፌዴራል ፍርድ ቤቶች አዋጅ ቁጥር 25\/1998 አንቀጽ 28\/3\/ መሠረት የዓቃቤ ሕግን አቤቱታ ፍሬ ነገር ከተገቢው የሕግ ድንጋጌ ጋር በማገናዘብ መርምሮ ብይን ሰጥቷል፡፡<\/p>\n

ችሎቱ እንደመረምረው ዓቃቤ ሕግ ምስክሮቹ በሚስጥር እንዲያዙለትና ማንነታቸው እንዳይገለጽ ያቀረበውን አቤቱታ ችሎቱ (ስምንተኛ ወንጀል ችሎት) ውድቅ ያደረገው ‹‹ዳኞቹን ከችሎት ሊያስነሳቸው ይችላል ወይስ አይችልም?›› የሚለውን አይቶ ነው፡፡ በአዋጅ ቁጥር 25\/1988 አንቀጽ 27(1) ከ‹‹ሀ›› እስከ ‹‹መ›› ዳኞች እንዴት ከችሎት መነሳት እንዳለባቸው ከተዘረዘሩት ውስጥ የማይካተት ቢሆንም፣ በዚሁ አዋጅ ቁጥር ንዑስ አንቀጽ 1‹‹ሠ›› ሥር ዳኞች የሚነሱበት በቂ ምክንያት ካለ እንዴት እንደሚነሱ መደንገጉን ችሎቱ ጠቁሟል፡፡ <\/p>\n

በመሆኑም ዓቃቤ ሕግ ያቀረበው ፍሬ ነገር ‹‹ሊካተት ይችላል? ወይስ አይችልም?›› የሚለውን ጭብጥ ይዞ ችሎቱ ሲመረምረው፣ ዓቃቤ ሕግ የምስክሮቹን ማንነት መግለጽ ያቀረበውን ክስ እውነታ እንዳያውጣጣ የሚያደርገው ከሆነ ይግባኝ መጠየቅ ከሚገባው በስተቀር ለዳኞች መነሳት ምክንያት ሆኖ ሊወሰድ የሚያበቃ፣ ወይም አዋጅ ቁጥር 25\/1988 አንቀጽ 27(1-ሠ)ን የሚያሟላ አለመሆኑን ገልጿል፡፡<\/p>\n

ዓቃቤ ሕግ ያቀረበውን የሰውና የሰነድ ማስረጃ በአንድነት ሳይመረምር ችሎቱ ምስክሮችን ሰምቶ በጨረሰበት ዕለት ማጣሪያ ምስክሮችን ጠርቶ መስማቱ አግባብ መሆን አለመሆኑን መመርመሩንም ችሎቱ ገልጿል፡፡ የክስና ማስረጃ አሰማምን በሚመለከት በወ\/መ\/ሥ\/ሥ\/ሕግ ክፍል ሁለት አንቀጽ 136ና ተከታዮቹ ላይ መደንገጉንም ጠቁሟል፡፡ አንድ ችሎት መዝገብ ሳይመረምር በወ\/ሥ\/ሥ\/ሕግ አንቀጽ 143(1) መሠረት ማስረጃ መስማት ይችላል፡፡ ችሎቱ ከመጀመርያ ጀምሮ እየሰማው የመጣ ጉዳይ ከሆነ የምስክር ቃልና ማስረጃን መርምሮ ለመለየት ቀጠሮ መስጠት ላያስፈልገው እንደሚችልም ችሎቱ አክሏል፡፡ በችሎቱ ተጨማሪ ማስረጃ አለመስማት፣ በችሎቱ ተጨማሪ ማስረጃ በማዘዝ መስማት፣ ዳኞቹ የሥነ ሥርዓት ሕጉን ሳይከተሉ ሠርተዋል አስብሎ ገለልተኛነታቸውን የሚያስጠረጥር አለመሆኑን ገልጾ ከችሎት የሚነሱበት በቂ ምክንያት አለመሆኑን አስታውቋል፡፡<\/p>\n

የኮሚሽኑ ዓቃቤ ሕግ ሌላው ያቀረበው አቤቱታ ችሎቱ (18ኛ ወንጀል ችሎት) ቀጠሮዎችን ሲሰጥ የቀኑን መቀራረብ (በአጭር በአጭር ቀናት) የዳኞችን ገለልተኝነት ላይ ጥርጣሬ እንዳሳደረበት ሲሆን፣ መዝገቡን የመረመረውም ችሎት ማብራርያ ሰጥቷል፡፡ መዝገቡ የሚያመለከትው ችሎቱ የተለያዩ ሥራዎችን ለማከናወን ቀጠሮዎችን በቀናት፣ በሳምንታትና በ15 ቀናት ልዩነት ሲሰጥ እንደነበር ከመዝገቡ ለመረዳት መቻሉን ገልጿል፡፡ የወ\/መ\/ሥ\/ሥ\/ሕግ ቁጥር 94 (1) እና 94 (2 – መ) ላይ ተደንግጎ እንደሚታየው ፍርድ ቤት ለትክክለኛ ፍትሕ አሰጣጥ ይረዳል ብሎ ካመነበት፣ የቀጠሮውን ሥርዓት የመምራት ሥልጣን የችሎቱ መሆኑንም ጠቁሟል፡፡ በሕገ መንግሥቱ አንቀጽ 20 (1) ላይም የተከሰሱ ሰዎች ክሳቸውን በአጭር ጊዜ መስማትና እልባት ማግኘትም እንዳለባቸው መደንገጉንም አክሏል፡፡<\/p>\n

በኮሚሽኑ ዓቃቤ ሕግ አቤቱታ የቀረበበት 18ኛ ወንጀል ችሎትም የሰጠው ቀጠሮ፣ ሕጋዊ መሠረት ያለውና ሕገ መንግሥቱን በማክበርና የማስከበር ግዴታውን ከመወጣት የመነጨ እንጂ፣ ትክክለኛው ፍትሕ እንዳይሰጥ የሚያደርግ በቂ ምክንያት ሊሆን እንደማይችል ችሎቱ አስታውቋል፡፡<\/p>\n

በአጠቃላይ በኮሚሽኑ ዓቃቤ ሕግ የቀረቡት ‹‹ዳኞች ከችሎት ይነሱልኝ›› ምክንያቶች፣ ከምክንያቶቹ በስተጀርባ የዳኝነት ሥርዓቱ የማይፈቅደውና ከሥነ ምግባር ውጪ የተከናወነ ተግባር መኖሩን ካላመለከተና ዳኞቹ እውነተኛውን ፍርድ እንዳይሰጡ የሚያደርጓቸውን ምክንያቶች ያላስደገፈ መሆኑን ችሎቱ በብይኑ ገልጿል፡፡ ዳኞች በሕገ መንግሥቱ አንቀጽ 70 (3) በሙሉ ነፃነት ሕግን መሠረት አድርገው መሥራት እንዳለባቸው ከሚደነግገው አንቀጽ ጋር የሚጣረስና የአዋጅ ቁጥር 25\/1988 አንቀጽ 27ን ዓላማና መንፈስን ያልተከተለ መሆኑን አብራርቶ፣ የቀረበውን አቤቱታ እንዳልተቀበለው በመግለጽ ውድቅ አድርጎታል፡፡ መዝገቡም ወደሚታይበት 18ኛ ወንጀል ችሎት ተመልሶ ቀጠሮውን ተከትሎ ብይኑ እንዲሰጥ አዟል፡፡<\/p>\n

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