Case Details

Citation(s)
2016 SLG 2455 2016 SLD 2455 2016 SCMR 2031
Supreme Court of Pakistan
C.A. No. 82-K of 2015, decided on 2nd September, 2016. Date of hearing: 2nd September, 2016. (Against the impugned judgment passed by High Court of Sindh at Karachi in C.P. No. D-3184 of 2011 on 15-5-2013)
AMIR HANI MUSLIM, JUSTICE AND MUSHIR ALAM, JUSTICE
Waqas Qadeer Dar, P.G. NAB, Col. (R) Sirajul Nadeem, DG NAB, Najam Din Junejo, Deputy Director NAB, Noor Muhammad Dayo, Special Prosecutor NAB and Syed Amjad Ali Shah, DPG NAB for Appellant.

THE STATE THROUGH CHAIRMAN NAB

VS

HANIF HYDER AND ANOTHER

Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9 & Preamble---Object of National Accountability Ordinance, 1999---Said Ordinance was primarily legislated to counter mega scandals and book the persons who were involved in such scandals of corruption and corrupt practices---Supreme Court observed that the record of enquiries and investigations being undertaken by the National Accountability Bureau at present showed that prima facie such enquiries and investigations were not of mega scandals and apparently petty matters had been enquired into on the complaints, and that this was not the wisdom behind legislation of the National Accountability Ordinance, 1999. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 & 25(a)---Corruption and corrupt practices by public servant/civil servant---Option of "Voluntary Return" of the assets or gains acquired by an accused---Propriety---Provisions of S. 25(a) of the National Accountability Ordinance, 1999 empowered the Bureau to accept the offer of an accused person of 'Voluntary Return' of the assets or gains acquired by him---Once an accused who was alleged to have plundered colossal sums of money, deposited a portion of such amount determined by Chairman of the Bureau voluntarily, that too, in installments, he stood discharged from all his liability in respect of the matter or transaction in issue and went back to join his job---Provisions of S. 25(a) of the National Accountability Ordinance, 1999 were not meant to allow corrupt "public servants" who minted 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 S.25(a) of the said Ordinance---No departmental proceedings were initiated against any such accused (public servants), who entered into Voluntary Return---Option of Voluntary Return by a public servant and or a civil servant fell within the ambit of "misconduct" and needed to be departmentally proceeded against once he admitted that he had earned money by corruption---After admitting such fact, public servant could not hold any public office either in Federal or in Provincial Government or…
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