Find a Lawyer

MANSUR-UL-HAQUE versus GOVERNMENT OF PAKISTAN

Section 19 (4) Account of the National Accountability Ordinance (XVIII of 1999) tions Sections 9 and 25 of the ruption release from employment corruption and misconduct practices The plea bargain petition was filed before the Accountability Court for reference to the accused. It was alleged that he misused the public. Commission and kickbacks from foreign suppliers in connection with the delivery of office and submarines, ammunition and other defense equipment had received bribes - the applicant had benefited from the bargaining bargain at the point of return and voluntarily. Offered to repay $ 5 million, which was accepted and released - The Ministry of Defense suspends all applicant benefits, including pension benefits - The validity National Accountability Bureau has applied for corruption and corruption. Had submitted a reference against and the proceedings against the applicant were terminated. Because it was released on a plea bargain - although the National Equityability Ordinance, 1999 provided that the applicant be considered punishable by the bargaining process as a result of the bargaining of the application. Authorities suspended pension benefits and withdrew all of his personal / honorary degrees for his mismanagement after his retirement. Naval Service The authorities did not take any illegal action by removing the applicant's name from the retired personnel list because the plea deal was a confession of his guilt, therefore, no permits, concessions and pension benefits. Can do. It should be restored at any stage

PLD 2017 Sindh 614

Before Muhammad Ali Mazhar and Adnan-ul-Karim Memon, JJ

MANSUR-UL-HAQUE—Petitioner

versus

GOVERNMENT OF PAKISTAN and another—Respondents

Constitutional Petition No.D-2543 of 2011, decided on 17th March 2017.

Pakistan Navy Ordinance (XXXVof 1961)___

—S. 19(4)—National Accountability Ordinance (XVIII of 1999), Ss. 9 & 25—Release from service Corruption and corrupt practices—Plea bargain—Reference was filed against the petitioner before the Accountability Court with the allegations that accused misused his public office and had received commission and kickbacks, bribe from the foreign suppliers in respect of supply of sub-marines, armsy ammunition and other defence material—Petitioner had availed the facility of plea-bargain during the pendency of reference and voluntarily offered to return 7.5 million dollars, which was accepted and he was released—Ministry of Defence suspended all benefits of petitioner including pensionary benefits—Validity—National Accountability Bureau had submitted reference against the petitioner for the offence of corruption and corrupt practices and proceedings against the petitioner had come to an end as he had been released on the basis of plea-bargain—Although National Accountability Ordinance, 1999 had provided that on termination of proceedings as a result of plea bargain, the accused-petitioner would be deemed to have been convictedy thereforey authorities had suspended pensionary benefits and withdrew all his subjective/honorary ranks for his proven misconduct after his retirement from the Naval Service—No illegality had been committed by the authorities by removing the name of petitioner from the list of Retired Personnel of Navy as act of the plea-bargain was an admission of his guilt, therefore, any perks, privileges and pensionary benefits could not be restored to him at any stage— Conviction of the petitioner having been based on corruption and corrupt practices, which fell within the definition of moral turpitude, he was not entitled for restoration of his perks, privileges and pensionary benefits—Authorities, before suspending the pensionary benefits of petitioner, removed his name from the list of Naval Retired Officers as such, question of payment of pension would not arise—Constitutional petition was dismissed in circumstances. [pp. 619, 620, 621] A, B, C & D

National Accountability Bureau v. Aamir Lodhi PLD 2008 SC 697; Messrs Pakistan Army Furnishing Stores v. Syed Ali Akbar Rizvi PLD 1985 Kar. 201 and Karachi City Cricket Association, Karachi v. Mujeebur Rahman Chairman AD HOC Committee, Pakistan Cricket Board, Lahore PLD 2003 Kar. 721 ref.

Ghulam Hussain v. Chairman P.O.F. Board, Wah Cantt and another 2002 SCMR 1691 rel.

Obaid-ur-Rehman for Petitioner.

Shaikh Liaquat Hussain, Standing Counsel.

Muhammad Altaf Awan, ADPG, NAB

Akram Jawaid, Prosecutor NAB along with Lieutenant Shafeeq-ur-Rehman Zuberi, Assistant Director Services/Superintendent Law Department, Pakistan Navy.

Date of hearing: 22nd December, 2016.

famous high court advocate from Mohen Jo Daro lawyer