Case Details

Citation(s)
2005 SLG 1821 2005 SLD 1821 = 2005 PLD 168
Lahore High Court
Criminal Appeal No. 19-E of 2004, heard on 22nd November,2004
MUHAMMAD AKHTAR SHABBIR AND ABDUL SHAKOOR PARACHA, JJ
Sh. Muhammad Sulaman for Appellant. Sardar Asmat Ullah. Khan DPGA for NAB

MUBARAK ALI VsTHE STATE

Law: National Accountability Bureau Ordinance, (XVIII of 1999)

Section: 9, 10, 15, 25 & 32

National Accountability Ordinance (XVIII of 1999)-------Ss.9, 10, 15, 25 & 32---Corruption and corrupt practices---Voluntary return of ill-gotten gains---Consequences of plea bargaining---National Accountability Bureau would make plea bargaining or effect settlement with accused/holder of public office or any other person accused of any offence under National Accountability Ordinance, 1999, if accused would come forward voluntarily to return illegal gain acquired or loss caused by him to State Exchequer through corruption/corrupt practices--�If offer to return illegal gain was made by accused after commencement of trial, Chairman National Accountability Bureau could release accused with the approval of the Court---If bargaining was made before taking cognizance by Accountability Court, then Chairman National Accountability Bureau, would be competent to accept the offer and determine the amount of illegal gain or loss caused and after deposit of same with National Accountability Bureau would discharge said person---Chairman National Accountability Bureau was not competent to release a person without his own offer to return gain illegally acquired by him or loss caused by him---Offer for plea bargain by accused was the pre-condition for release of accused provided same was accepted by Chairman National Accountability Bureau and approved by the Court--�Penal consequences of plea bargaining as provided under S.25 of National Accountability Ordinance, 1999 was disqualification as provided under S.15 of said Ordinance---No special provision existed for issuance of show-cause notice for disqualifying accused, but person who availed of benefit of S.25 of National Accountability Ordinance, 1999, would automatically be deemed to have been convicted for an offence under said Ordinance and would forthwith cease to hold public office, if any, held by him and would be disqualified to avail of financial facility as provided in S.15 of National Accountability Ordinance, 1999---Offer made by accused to return ill-gotten' money, would be deemed to be the confession of accused for committing corruption/corrupt practices and being convicted person would have to face legal…
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