| Case ID |
43678d52-d704-437b-a05f-9b087088bb1a |
| Body |
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| Case Number |
Civil Petition No. 1303 of 2020 |
| Decision Date |
Aug 03, 2023 |
| Hearing Date |
Aug 03, 2023 |
| Decision |
The Supreme Court of Pakistan ruled that the Accountability Court had no jurisdiction to direct the Investigating Officer to reassess the Voluntary Return (VR) liability of the petitioner, which had already been approved by the competent authority. The Court emphasized that any order made by the Accountability Court in this regard was void. The petitioner had fully complied with the terms of the VR, and the additional demand made by the NAB was deemed illegal and without legal effect. Thus, the petition was allowed, and the earlier judgment of the High Court was set aside. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed significant issues surrounding the National Accountability Bureau Ordinance, particularly the concepts of Voluntary Return (VR) and Plea Bargain (PB). The Court clarified the distinctions between these two mechanisms, emphasizing that VR is a one-time facility linked to the full deposit of the determined amount, while PB involves a commitment to pay. The ruling underscored the importance of jurisdiction, concluding that the Accountability Court overstepped its authority by attempting to reassess a liability that had already been determined by the NAB. This decision reinforces the legal framework surrounding accountability processes in Pakistan, ensuring that due process is observed and that individuals are not subject to arbitrary demands post-agreement. The case is crucial for legal practitioners, policymakers, and individuals engaged with the National Accountability Bureau, establishing clear guidelines for future cases involving financial liabilities and accountability measures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Umar Ata Bandial, C.J.,
Mrs. Ayesha A. Malik,
Syed Hasan Azhar Rizvi, JJ
|
| Lawyers |
Rasheed A. Rizvi, Senior Advocate Supreme Court,
Haq Nawaz Talpur, Advocate Supreme Court,
Raja Rizwan Ibrahim Satti, Special Prosecutor for NAB
|
| Petitioners |
GHULAM MUSTAFA LUND
|
| Respondents |
NATIONAL ACCOUNTABILITY BUREAU through Chairman, Islamabad and others
|
| Citations |
2024 SLD 95,
2024 PLD 54
|
| Other Citations |
National Accountability Bureau v. Shabbir Ahmed Malik PLD 2020 SC 193,
Allied Bank Limited v. Zulfiqar Ali Shar 2021 SCMR 1213,
Jurists Foundation through Chairman v. Federal Government PLD 2020 SC 1,
Dan Gunnar Bjarne Anderson v. Federation of Pakistan PLD 2019 Isl. 566,
Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104,
Province of the Punjab v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351,
Mansab Ali v. Amir PLD 1971 SC 124,
Abdul Salam alias Abdul Khair v. Allah Miah Serang PLD 1971 SC 189,
Khuda Bakhsh v. Khushi Muhammad PLD 1976 SC 208,
Nawabzada Zafar Ali Khan v. Chief Settlement Commissioner 1999 SCMR 1719,
Muhammad Ramzan v. Member (Rev.) CSS 1997 SCMR 1635,
Muhammad Tariq Khan v. Khawaja Muhammad Jawad Asami 2007 SCMR 818,
Executive District Officer (Education) v. Muhammad Younas 2007 SCMR 1835
|
| Laws Involved |
National Accountability Bureau Ordinance, 1999
|
| Sections |
25(a),
25(b)
|