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09-08-2016, 03:43 AM
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VR Scheme against objective of NAB Ordinance: SC
Says civil servant who earns money through corruption can**t hold any public ******
KARACHI: The Supreme Court has held that a public servant who admits he earned money through corruption can**t hold any public ******, either in federal or in provincial government or in any state-owned organization, adding that Voluntary Return (VR) Scheme is against the objective of NAB Ordinance. Issuing an interim judgment on the National Accountability Bureau (NAB)’s appeal against the rejection of remand of a private person in a fraud case, the SC’s two-member bench, headed by Justice Amir Hani Muslim, observed that provision of Section 25(a) of the NAB Ordinance was **t meant to allow a corrupt public servant who mints money through corruption or corrupt practices to get a clean chit from the NAB authorities by paying portion of such alleged amount in terms of Section 25(a) of the NAB Ordinance. The court observed that the NAB Ordinance was introduced to eliminate corruption of large magnitude.The court **ted in the order that provisions of Section 25(a) of the NAB Ordinance empowers the Bureau to accept the offer of an accused person of Voluntary Return of the assets or gain acquired by him wherein once an accused person, who is alleged to have plundered colossal sums of money, deposits a portion of such amount determined by chairman NAB voluntarily — that too in installments — stands discharged from all his liability in respect of the matter or transaction in issue and goes back to join his job. “The frequent exercise of powers of voluntary return by the chairman NAB has in fact multiplied corruption on the one side and defeated the object of the NAB Ordinance on the other side,” the court observed, adding that a more shocking aspect was that ** departmental proceedings were initiated against any such accused who entered the VR. The court observed that the option of VR by a public servant and or civil servant falls within the ambit of misconduct and needs to be departmentally proceeded against one who admitted that he had earned money by corruption as after admitting corruption he can**t hold any public ****** either in the federal or in provincial government or in any state-owned organisation. The court observed that vires of Section 25 (a) of NAB Ordinance authorising the chairman NAB to accept the offer of VR from a person of the amount illegally earned by him were at the touchstone of the Constitution. The court observed that this provision prima facie is in conflict with the provisions of the Constitution where such power can only be exercised by a judicial forum as after payment of VR, 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 disqualification as against the disqualification provided under Section 25(b) of the NAB Ordinance. Besides, the court observed that there was ** yardstick provided in the NAB Ordinance and the rules framed thereunder determining the amount of VR. In compliance of the court directive, the DG NAB filed a report before the court with regard to corruption cases being investigated by the 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 scandal 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 scandals rather than encroaching the jurisdiction of anti-corruption or the 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 being 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 directed the ****** to place the matter before the Chief Justice of Pakistan for passing appropriate orders to treat this matter as a suo moto petition as prima facie the issue raises question of public importance having far-reaching effect and have 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 and to further examine whether NAB can extend its jurisdiction to take cognizance of the cases which fall within the domain of the anti-corruption authorities or the FIA. The court also directed NAB, federal and provincial governments to furnish details, including list of cases in which the NAB authorities are conducting inquiries and investigations and or references pending in the NAB courts involving an amount of less than Rs100 million, list of persons, civil servants who entered into plea bargain and action taken against such employees by the federal and provincial governments. أكثر... ??????? ??????: VR Scheme against objective of NAB Ordinance: SC || ??????: ahlam1399 || ??????: اسم منتداك
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