Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999) --------- ----------S. 34 --------- "Rules" and "Standard Operating Procedures" issued by Chairman NAB --------- Distinction --------- Standard Operating Procedures issued by Chairman National Accountability Bureau do not have force of rules as envisaged by S. 34 of National Accountability Ordinance, 1999. (b) National Accountability Ordinance (XVIII of 1999) --------- ----------S. 25(b) --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Plea bargaining --------- Incidental charges, imposing of --------- Grievance of the petitioner was that while determining liability against him, the authorities included 15% incidental charges in the same --------- Validity --------- 15% incidental charges was not the condition as mentioned in S. 25(b) of National Accountability Ordinance, 1999, because the law was clear and precise --------- Imposing of 15% incidental charges was illegal having no force of law and the same was imposed in violation of S. 25 of National Accountability Ordinance, 1999 --------- High Court declared claim of 15% incidental charges by authorities as illegal having no force of law and in violation to S. 25 of National Accountability Ordinance, 1999 --------- High Court restrained the authorities from claiming excess amount as 15% incidental charges from petitioner --------- Petition was allowed in circumstances. Dr. Mobashir Hassan and others v. Federation of Pakistan and others PLD 2010 SC 265; Syed Ali Nawaz Shah and 2 others v. The State and others PLD 2003 SC 837; Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division Islamabad and others PLD 2001 SC 607 and Haji Khan Muhammad v. Government of Pakistan National Accountability Bureau through Chairman and 2 others 2013 PCr.LJ 1571 rel. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE:----------- Through this writ petition, the petitioner has challenged the legality of the imposition of 15% as incidental charges amounting to Rs.1,13,25,268 levied by the respondents on the total liability to be paid by the Petitioner amounting to Rs 7,55,01,788. 2. Brief facts of the case are that…

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