ISLAMABAD: The Chief Justice, Anwar Zaheer Jamali, on Thursday took suo moto notice of voluntary returns in plea bargain NAB cases and directed the office to fix the matter in the last week of September with notices to the attorney general, chairman and prosecutor general NAB as well as concerned authorities.
The CJ took notice on a note of the registrar containing the details of the observations of the two-member bench passed in Civil Appeal No82-K of 2015 that after the voluntary return, the accused goes scot-free without any stigma.
It was further stated in the note that it has been observed by the court that the said provision, prima facie, is in conflict with the provisions of the Constitution, therefore, it needs to be examined.
It is pertinent to mention here that a two-member bench of the apex court at the Karachi Registry the other day in a detailed order ruled that the authority of the NAB chairman to accept offer of voluntary return of the illegally-earned money by corrupt public servants is prima facie in conflict with provisions of the Constitution.
The court further ruled such power can only be exercised by a judicial forum as after payment of voluntary return, the person goes scot-free without any stigma on his career and can contest the elections and or can continue in public office.
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