Law: National Accountability Ordinance, 1999

Section: 9(b),25

Law: Civil Procedure Code (V of 1908)

Section: 151,10

National Accountability Ordinance (XVIII of 1999)---

----Ss. 9(b) 25---Civil Procedure Code (V of 1908), S. 151 O. I, R.10---Settlement of claims---Role of National Accountability Bureau---Bail granting order, status of---Dispute was with regard to embezzlement of investments made by thousands of persons in a Housing Scheme--- National Accountability Bureau initiated inquiry in the matter and arrested defendants/ accused persons---Division Bench of High Court released the defendants/ accused persons on bail with a direction to settle claims of investors/claimants---Plaintiffs were among the affectees of the Housing Scheme fraud and sought refund of their amounts along with profits---Plea raised by defendant/ authority was that role of National Accountability Bureau as depicted in order of Division Bench of High Court was of permanence in nature and all monies and liabilities had to be settled under National Accountability Ordinance, 1999---Validity---At the best the order passed by Division Bench of High Court could be taken as a release or bail granting order in favour of accused persons/defendants---Mechanism envisaged in order passed by Division Bench of High Court only bound defendants/accused persons and the same was not final order, as investigation against defendants/accused persons was pending for a period of six months---If defendants/accused persons would fail to comply with the order passed by Division Bench of High Court they were to be arrested and re-investigated, leaving aside civil and criminal liabilities other than those which could fall under National Accountability Ordinance, 1999---Order passed by Division Bench of High Court was to continue under appropriate legal framework and in the suit, other than principal sums, interest, losses, costs, lien and damages claimed by plaintiffs needed to be adjudicated in accordance with law, including law of contract and tort---Such disbursements which were neither outcome of any Voluntary Return nor Plea Bargaining under S. 25 of National Accountability Ordinance, 1999, could not be channelized through National Accountability Bureaus machinery---National Accountability Bureau was to reconsider its action after lapse of six months term specified to pend inquiry, therefore, National Accountability Bureau was to remain part of disbursement process and timely reports were to be submitted to National Accountability Bureau so that it could plan its action after lapse of six months term---High Court directed that all other liabilities including and not limited to any civil claim of general public, payment due to contractors, consultants and to third parties and payments which had become due in respect of utility bills, government taxes, fees, charges, levies or other legitimate payments and dues which could be incurred or become payable till complete closure of disbursement scheme, by accused persons/defendants from their own sources immediately or within any stipulated dates set out for respective payments---High Court further directed to get regular audit of all transactions conducted by office of Official Assignee in the interest of transparency and good accounting practice---Application was disposed of accordingly.

ORDER

ZULFIQAR AHMAD KHAN, JUSTICE:---.---

Applications listed at Sr. Nos. 5 to 7 and 9, made under Order I, Rule 10, C.P.C. by the respective interveners desirous of becoming party in the instant suit are allowed with mutual consent as the matter pertains to claims of thousands of individuals and these being only a handful. Mr. Azmat Tufail, Advocate files Vakalatnama as well as another application under Order I, Rule 10, C.P.C., which is also allowed with consent. Office to assign appropriate number to the instant application. Let amended titles be filed by assigning appropriate numbers to the newly impleaded plaintiffs. It is clarified that no further similar Order I, Rule 10, C.P.C. applications are needed to be filed in the court for joining as claimant since claims of all affectees/allottees of general public quota are to be dealt with as per the mechanism laid down in the later part of this Order.

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