Case Details

Citation(s)
2017 SLG 256 2017 SLD 256 2017 PLJ 56
Supreme Court of Pakistan
C.A. No. 82-K of 2015, decided on 2.9.2016. heard on: 2.9.2016.
AMIR HANI MUSLIM, JUSTICE & MUSHIR ALAM, JUSTICE
Mr. Waqas Qadeer Dar, P.G. NAB, Col. (R) Sirajul Nadeem, DG NAB, Mr. Najam Din Junejo, Deputy Director NAB, Mr. Noor Muhammad Dayo, Special Prosecutor, NAB, Syed Amjad Ali Shah, DPG, NAB for Appellant.

STATE THROUGH CHAIRMAN NAB-

VS

HANIF HYDER AND Another

Law:

Section:

National Accountability Ordinance, 1999 (XVIII of 1999)---- --------S. 25(a)----Voluntary return of arrests or gains acquired by him----Power of chairman NAB----Prima facie enquiries and investigations----Mega scandals of corruption and corrupt practices----Notice was issued to D.G. NAB to submit report----Validity----Once an accused who alleges to have plundered colossal sums of money, deposits a portion of such amount determined by NAB voluntarily, that too, in installments, stands discharged from all his liability in respect of matter or transaction in issue and goes back to join his job----Option of voluntary return by a public servant and or a civil servant falls within ambit of "misconduct" and needs to be departmentally proceeded against once he admits that he had earned money by corruption----After admitting that fact, he cannot hold any public office either in Federal or in Provincial Government or in any state owned organization. [P. 58] A & B National Accountability Ordinance, 1999 (XVIII of 1999)---- --------S. 25(b)----Voluntary return----Authorizing chairman NAB to accept offer of voluntary return from a person of amount illegally earned by him----Validity----Where such power can only be exercised by a judicial forum as after payment of voluntary return, person goes scot-free without any stigma on his career and can contest elections and or can continue in public office, as section does not provide any disqualification, as against disqualification provided under Section 25(b) of NAB Ordinance. National Accountability Ordinance, 1999 (XVIII of 1999)---- --------S. 9----Constitution of Pakistan, 1973, Art. 184(3)----Suo moto petition----Appropriate orders to treat matter----Question of----Public importance----Principles regarding cognizance of NAB in corruption----Validity----Whether NAB can extend its jurisdiction to take cognizance of cases which fall within domain of A.C.A. and or F.I.A----If Chief Justice approves recommendations of Bench, notices be issued to all Provinces, under Section 27-A of CPC and to Chairman NAB, D.Gs NAB and P.G. NAB. THIS ORDER PASSED BY: AMIR HANI MUSLIM, JUSTICE:---.--- We have heard the Prosecutor General NAB on…
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