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09-29-2016, 03:51 AM
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If NAB ordinance extended, jails to get empty: SC
ISLAMABAD: The Supreme Court on Wednesday directed the National Accountability Bureau (NAB) to submit details of people who have voluntarily submitted ill-gotten money through plea bargain. A three-member bench of the apex court, headed by Chief Justice Anwar Zaheer Jamali and comprising Justice Amir Hani Muslim and Justice Ijaz Ul Ahsan, heard the suo motu case against the clauses of the National Accountability Bureau ordinance that allows voluntary return and plea bargain and the bureau to discharge the individual from all his liability in the matter. The court also expressed displeasure over the absence of attorney general for Pakistan.The government counsel informed the court that the AGP was in Washington in connection with the Pak-India dispute over water issues. The CJP remarked, “Let the AGP go abroad on permanent basis so that ** case of national importance could be heard.”Regarding the section of the NAB ordinance allowing plea bargain and voluntary return, the bench expressed its displeasure and remarked that under this section, the authorities are to apprehend criminals, recover amount and let the criminal go with thanks, so that he can commit more crimes. Chief Justice Jamali remarked that under the NAB section in question, ******rs involved in corruption are even allowed to return to their posts and then continue to pay back the embezzled amount in installments. During the course of proceedings, the Additional Attorney General for Pakistan informed the court that the parliamentary committee was reviewing the NAB ordinance to which the chief justice remarked that when matters are **t to be resolved, committees are formed. Justice Ameer Hani Muslim asked the deputy attorney general whether inquiries had been conducted to investigate those who have voluntarily returned the money.Rana Waqar replied that ** investigation was carried out against any government ******r. Justice Amir Hani Muslim remarked that reinstatment of those government employees who returned the embezzled amount under plea bargain was itself a misconduct.The chief justice remarked that if this law is allowed to prevail, then country’s jails can be emptied; any thief from whom money is procured should **t only be freed but also thanked.The court, while seeking detailed replies from NAB, the Federation and all the four provinces, adjourned the hearing of the case till October 24. Sohail Khan adds: The Supreme Court (SC) on Wednesday observed that if NAB ordinance is given an extension, then the prisons will get empty. The court also sought record of ******rs involved in plea bargain. The chief justice had directed the ****** to fix the matter in the last week of September with **tices to the attorney general (AG), chairman and prosecutor general NAB as well as concerned authorities. “Whenever the court resumes hearing in a public interest case, the AG remains abroad,” the CJ remarked. Waqar Rana told the court that as per the initial report of the Establishment Division, ** action can be taken against the persons who returned the amount voluntarily to the NAB.A law ******r from the Punjab told the court that the provincial government had taken action against the persons who voluntarily returned the amount while law ******rs of Sindh, Balochistan and Khyber Pakhtunkhwa sought some time for submitting the details in this regard. Meanwhile, the court directed the Federation and the four provinces to submit a comprehensive report in the matter and adjourned further hearing until October 24.The court made it clear that ** further adjournments would be granted and expected that the authorities concerned would take effective measures in the matter in hand. It is pertinent to mention here a few days ago, a two-member bench of the apex court at the Karachi Registry in a detailed order in a NAB appeal against an accountability court’s decision of refusing the remand of a private citizen in a fraud case, had ruled that the authority of the NAB chairman to accept offer of voluntary return of the illegally earned money by corrupt public servants is prima facie in conflict with provisions of the Constitution. The court had observed that there was a need to examine the vires of Section 25(a) authorising the NAB chairman to accept the offer by a person of voluntary return of the money illegally earned by him at the touchstone of the Constitution. The court had further ruled that this provision, prima facie, is in conflict with the provision of the Constitution, where such power can only be exercised by a judicial forum as after payment of voluntary return, the person goes scot free without any stigma on his career and can contest the elections and or can continue in public ******, as the section does **t provide any disqualification, as against the disqualification provided under Section 25(b) of the NAB Ordinance. The court had directed its ****** to place the order before the Chief Justice of Pakistan for passing appropriate orders to take up the matter as a suo motu petition under Article 184(3) of the Constitution. The court had observed that prima facie, the aforesaid issues raised the question of public importance having far-reaching effect and direct bearing on the fundamental rights of citizens of Pakistan in order to lay down the principles regarding cognizance of NAB in corruption matters under Section 9 of the NAB Ordinance. أكثر... ??????? ??????: If NAB ordinance extended, jails to get empty: SC || ??????: ahlam1399 || ??????: اسم منتداك
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