ahlam1399
09-03-2016, 05:00 AM
Observes Bureau wasting energy on small scandals; also
remarks voluntary return option multiplies corruption
KARACHI: The Supreme Court (SC) on Friday observed that frequent exercise of voluntary return power by the National Accountability Bureau (NAB) was **t only a loss of the nation but it also multiplies corruption.
“The frequent exercise of voluntary return power by the NAB multiplies corruption on the one side but it also defeated the purpose of NAB Ordinance, which was promulgated to eliminate corruption,” the SC’s two member bench, headed by Justice Amir Hani Muslim, observed while hearing the bureau’s appeal against the rejection of remand of a private person in a fraud case.
The court observed that provision of Section 25-A of the NAB Ordinance empowered acceptance of voluntary return from the accused wherein once the accused enters the VR and deposits the amount, he is allowed to continue his job without any departmental proceedings.
Justice Hani observed that a civil servant, after entering into VR scheme, again sits in his ****** and again keeps on looting the public money. The court observed that neither the federal **r the provincial government took **tice of such matters despite receiving letters from the NAB regarding government servants who had entered the VR Scheme. The court observed that exercise of Section 25(A) by NAB under the VR Scheme was prima facie a conflict of various provisions of the Constitution and such power could only be exercised by the judicial forum as routinely after payment of VR the accused is scot free without any departmental proceedings by the relevant department.
The court observed that such aspect required to be examined in light of the Constitution wherein a civil servant could **t be allowed to take benefit under the garb of Section 25(A) of NAB Ordinance. The court referred the matter to the chief justice of Pakistan for constitution of a larger bench to examine such issues.
The court directed NAB to submit details of corruption cases involving amounts less than Rs10 million, names of persons/civil servants who entered the voluntarily return scheme and had **t been proceeded against by the departments. The court would also examine the fate of such proceedings in which meager amounts were involved in corruption cases but the same was being tried before the accountability courts to decide as whether these cases would be decided by accountability courts or transferred to trial courts/ tribunals under the federal or provincial anti-corruption laws.
Prosecutor General NAB submitted that NAB issued letters to the concerned departments of the federal or provincial assemblies in case a civil servant entered into voluntarily return and it was the duty of the government to initiate departmental proceedings in case the employee entered the VR. The court observed that such lack of action had doubled corruption after the VR, adding that NAB was **t meant for recovery of the looted money but elimination of corruption.
In compliance of the court’s directive, the DG NAB filed a report before the court with regard to corruption cases being investigated by NAB involving less than Rs10 million. He submitted that 28 references had been filed before the court in which less than Rs10 million amount was involved.
The court observed that prima facie, NAB was **t focusing on corruption of mega scandals and petty matters had been inquired. The court observed that the wisdom of legislature was to empower NAB to conduct inquiries/investigation of mega corruption scandal rather encroaching the jurisdiction of anti-corruption or Federal Investigation Agency.
The court observed that NAB’s director generals of the provinces were **t implementing their own standard operating procedures and particularly in Sindh such SOPs were bypassed by the DG for reasons best k**wn to him and such discretion was also against the spirit of the Constitution and provision of the NAB Ordinance. The court observed that all cases involving meager amounts should be transferred to anti-corruption and the Federal Investigation Agency as it was a sheer abuse of authority by the NAB, adding that an institution could **t be run in such manner.
Taking an exception to the delayed inquiry and the investigation process of the anti-corruption department, the court observed that anti-corruption usually initiated an inquiry when the government employee retired from the service and till the completion of the inquiry or registration of an FIR the employee or accused person dies. The court referred the matter to the chief justice of Pakistan for taking up such issues in order to lay out pecuniary jurisdiction of NAB and cases of such nature which fall within the domain of anti-corruption and the Federal Investigation Agency.
The court issued **tices to advocate generals of all the provinces, the attorney general of Pakistan and prosecutor general NAB with direction to ****** to place the matter before the chief justice for appropriate order as such proceedings relates to public importance and fundamental rights of citizens.
Prosecutor General NAB Waqas Qadeer Dar also withdrew the appeal filed on the behalf of NAB against the rejection of remand of private person by the accountability court. NAB had filed an appeal before the Supreme Court against the high court and administrative judge of the accountability order that refused the remand of a private suspect in a land fraud case in Korangi as he was **t a public functionary.
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remarks voluntary return option multiplies corruption
KARACHI: The Supreme Court (SC) on Friday observed that frequent exercise of voluntary return power by the National Accountability Bureau (NAB) was **t only a loss of the nation but it also multiplies corruption.
“The frequent exercise of voluntary return power by the NAB multiplies corruption on the one side but it also defeated the purpose of NAB Ordinance, which was promulgated to eliminate corruption,” the SC’s two member bench, headed by Justice Amir Hani Muslim, observed while hearing the bureau’s appeal against the rejection of remand of a private person in a fraud case.
The court observed that provision of Section 25-A of the NAB Ordinance empowered acceptance of voluntary return from the accused wherein once the accused enters the VR and deposits the amount, he is allowed to continue his job without any departmental proceedings.
Justice Hani observed that a civil servant, after entering into VR scheme, again sits in his ****** and again keeps on looting the public money. The court observed that neither the federal **r the provincial government took **tice of such matters despite receiving letters from the NAB regarding government servants who had entered the VR Scheme. The court observed that exercise of Section 25(A) by NAB under the VR Scheme was prima facie a conflict of various provisions of the Constitution and such power could only be exercised by the judicial forum as routinely after payment of VR the accused is scot free without any departmental proceedings by the relevant department.
The court observed that such aspect required to be examined in light of the Constitution wherein a civil servant could **t be allowed to take benefit under the garb of Section 25(A) of NAB Ordinance. The court referred the matter to the chief justice of Pakistan for constitution of a larger bench to examine such issues.
The court directed NAB to submit details of corruption cases involving amounts less than Rs10 million, names of persons/civil servants who entered the voluntarily return scheme and had **t been proceeded against by the departments. The court would also examine the fate of such proceedings in which meager amounts were involved in corruption cases but the same was being tried before the accountability courts to decide as whether these cases would be decided by accountability courts or transferred to trial courts/ tribunals under the federal or provincial anti-corruption laws.
Prosecutor General NAB submitted that NAB issued letters to the concerned departments of the federal or provincial assemblies in case a civil servant entered into voluntarily return and it was the duty of the government to initiate departmental proceedings in case the employee entered the VR. The court observed that such lack of action had doubled corruption after the VR, adding that NAB was **t meant for recovery of the looted money but elimination of corruption.
In compliance of the court’s directive, the DG NAB filed a report before the court with regard to corruption cases being investigated by NAB involving less than Rs10 million. He submitted that 28 references had been filed before the court in which less than Rs10 million amount was involved.
The court observed that prima facie, NAB was **t focusing on corruption of mega scandals and petty matters had been inquired. The court observed that the wisdom of legislature was to empower NAB to conduct inquiries/investigation of mega corruption scandal rather encroaching the jurisdiction of anti-corruption or Federal Investigation Agency.
The court observed that NAB’s director generals of the provinces were **t implementing their own standard operating procedures and particularly in Sindh such SOPs were bypassed by the DG for reasons best k**wn to him and such discretion was also against the spirit of the Constitution and provision of the NAB Ordinance. The court observed that all cases involving meager amounts should be transferred to anti-corruption and the Federal Investigation Agency as it was a sheer abuse of authority by the NAB, adding that an institution could **t be run in such manner.
Taking an exception to the delayed inquiry and the investigation process of the anti-corruption department, the court observed that anti-corruption usually initiated an inquiry when the government employee retired from the service and till the completion of the inquiry or registration of an FIR the employee or accused person dies. The court referred the matter to the chief justice of Pakistan for taking up such issues in order to lay out pecuniary jurisdiction of NAB and cases of such nature which fall within the domain of anti-corruption and the Federal Investigation Agency.
The court issued **tices to advocate generals of all the provinces, the attorney general of Pakistan and prosecutor general NAB with direction to ****** to place the matter before the chief justice for appropriate order as such proceedings relates to public importance and fundamental rights of citizens.
Prosecutor General NAB Waqas Qadeer Dar also withdrew the appeal filed on the behalf of NAB against the rejection of remand of private person by the accountability court. NAB had filed an appeal before the Supreme Court against the high court and administrative judge of the accountability order that refused the remand of a private suspect in a land fraud case in Korangi as he was **t a public functionary.
http://feeds.feedburner.com/~r/com/cwEr/~4/GnErNRPu38A
أكثر... (http://feedproxy.google.com/~r/com/cwEr/~3/GnErNRPu38A/147471-NAB-voluntary-return-scheme-against-Constitution-SC)