NAB law: Supreme Court questions voluntary return, plea bargain scheme

29 Sep, 2016

Supreme Court on Wednesday questioned voluntary return and plea bargaining scheme under the NAB law and sought details from the federal and all the provincial governments about the corrupt public officials who refunded ill-gotten money as consideration and were holding public offices after getting clean chit from the top anti-graft body.
Resuming the hearing of a suo moto action to examine the vires of Section 25(a) of the NAB Ordinance 1999 under which an accused arrested by the NAB or the same is in the custody over wilful default can apply to the Governor, State Bank of Pakistan for reconciliation, the Supreme Court said the NAB law needed to be reformed.
Appearing before a three member bench led by Chief Justice Anwar Zaheer Jamali, Additional Attorney General for Pakistan Waqar Rana sought adjournment for a month upon non availability of the Attorney General for Pakistan (AGP) Ashtar Ausaf, who is abroad for legal consultation and strategy over 'Indus Water Treaty' possible violation by India.
Expressing dismay over absence of the AGP in the matter, the Chief Justice Anwar Zaheer Jamali observed unavailability of the principal law officer is causing delay in human rights and public interest litigation saying he (AGP) may be sent permanently to abroad so that such kind of matter should not be adjudicated. Responding to a member of the bench, Justice Amir Hani Muslim query, Waqar Rana submitted as per a preliminary report of the Establishment Division in the matter no departmental inquiry was conducted against any government officer who voluntary returned the ill-gotten money to the NAB, adding a Parliamentary Committee was also examining the NAB Ordinance.
Over the response, Chief Justice Anwar Zaheer Jamali remarked if a corrupt officer secured acquittal after looting money then it would be the easiest way to expand the NAB law jurisdiction to release every convicted burglar from the country's prisons with thanks which will also reduce burden on the jails. The Chief Justice further said since last six decades formation of committee or inquiries commission is a common practice to linger on a issue of public interest. Justice Amir Hami Muslim remarked giving charge to a public officer who minted money and voluntary returned it falls under misconduct. Later, hearing of the case was adjourned till October 24.

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