Case Details

Citation(s)
2017 SLG 1362 2017 SLD 1362 2017 SCMR 1666
Supreme Court of Pakistan
Civil Petition No. 376-L of 2017, decided on 14th April, 2017. Heard on: 14th April, 2017. (Against the order Dated 9.1.2017 passed by the Lahore High Court in W.P. No. 21541 of 2015)
GULZAR AHMED, JUSTICE, SAJJAD ALI SHAH, JUSTICE
Qazi Misbah ul Hassan, Advocate Supreme Court for Petitioner. Arif Mehmud Rana, Advocate Supreme Court along with Ms. Nazia Javed, Dy. Assistant Director, NAB for
Respondents.

MUHAMMAD SHARIF

VS

NATIONAL ACCOUNTABILITY BUREAU and others

Law:

Section:

National Accountability Ordinance (XVIII of 1999)---.--- ---.----Ss. 9(a)(v) & 25---.---Possessing assets beyond known sources of income---.---Voluntary return/plea bargaining---.---Contention of petitioner (a patwari) that he accepted the voluntary return offer made by National Accountability Bureay (Bureau) under pressure and to save his honour, and in consequent thereto paid a sum to the Bureau; that the voluntary return was liable to be annulled and the Bureau should be directed to refund the said amount---.---Validity---.---Inquiry against the petitioner for having "assets beyond means" was initiated, and the inquiry officer dug out assets and Bank accounts of the petitioner which were found beyond his known sources of income---.---Bureau offered the petitioner an option for voluntarily return of the illegally gained money---.---Record further reflected that the petitioner vide his letter asked the Bureau to intimate him his liability ascertained by the inquiry officer and also the grounds for ascertaining such liability so that he could opt for the option---.---Petitioner was duly informed about his liability and ultimately he paid the amount in question without raising any grievance in respect of the amount or the method adopted by the inquiry officer to ascertain his liability---.---Petitioner ultimately availed the benefit of voluntary return, and now at a belated stage he could not be allowed to question his own voluntary return or the method adopted by the inquiry officer to determine his liability---.---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- The petitioner has impugned the order of the Lahore High Court dated 09.01.2017 whereby the petitioner's plea to annul the "plea bargain" entered into by him with the NAB and to direct the authorities to refund the amount so paid in consequence to such voluntary return, was rejected. 2. The counsel for the petitioner contended that the petitioner being a Patwari on 7.8.2012, during an inquiry, was offered voluntary return which the petitioner, under pressure and to save his honour, accepted and in consequent thereto paid a sum of…
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