An essential component of accountability mechanism
Plea bargain:
canada goose clearance 1. The misconceptions and a surprising lack of knowledge on part of general public and civil society regarding Plea Bargain and its implications as envisaged in section 25 b of National Accountability Ordinance 1999 gave me no choice but to write this article to clear the misapprehensions about plea bargaining and voluntary return and its implications in corruption cases. canada goose clearance
2. The creation of canada goose jacket uk the National Accountability Bureau is the holistic and comprehensive effort to bring corruption under control in a country that has experienced with several anti corruption laws, polices agencies, since its creation. The National Accountability Ordinance 1999
was therefore designed to circumvent various forms of corruption and the weaknesses of earlier anti corruption laws. The National Accountability Bureau Ordinance, therefore, was devised to circumvent many forms of corruption and the weaknesses of earlier laws. It innovatively introduced the effective concepts of plea bargaining and Default The said Ordinance including Sec 25 b dealing with plea bargain has been amended and validated by the apex court in famous case of Asfandyar Wali Khan vs State.
Canada Goose sale 3. The subversive factual discrepancies of the said published article can be countervailed through quoting particular sections of the NAB Ordinance, but fearing a lack of understanding not only amongst laymen but educated class, prevents me from doing so. Canada Goose sale
4. It is strongly emphasised that the liability of an accused, once determined by NAB based on facts and available evidence stands final and under no circumstance anything like 80% as claimed in the said article or any amount lesser than the liability calculated is received from an accused who opts for plea bargain u/s 25 b of NAO 1999. In fact the number of 80% return does not even exist.
5. It is pertinent to note that final approval of plea bargains accorded by Accountability canada goose outlet toronto factory Courts after affording an opportunity to accused before approving the amount and punishing the accused.
canada goose factory sale 6. canada goose factory sale
7. Plea bargain is a concept that has been intensively debated and criticised, but is canada goose outlet parka much misunderstood. The concept exists in many other countries of the world, better canada goose outlet uk known being the United States of America, New Zealand, Brazil, Nigeria, India; however, in Pakistan it is not fully understood and is viewed with suspicion. Incarceration of the corrupt is the preferred option of the people. However, https://www.canadagooseonline.info plea bargain has proved efficacious canada goose jacket outlet store in other jurisdictions. In fact, plea bargain has been envisaged, as a measure through which an accused person can return illegal assets acquired by him through corrupt practices in exchange for a settlement of his case. It was also considered a useful tool for recovery of looted wealth, a mandate given to NAB in 1999.
8.
9. Any public office holder or other person who enters into a plea bargain is deemed to have been convicted under the NAB Ordinance. He, therefore, ceases to hold office and is disqualified for appointment to any public office for a period of 10 years. In addition, he is not eligible for any credit facility from public sector banks. Since one of the canada goose outlet montreal objectives of the NAB Ordinance is to recover looted wealth, plea bargaining goes a long way in achieving this goal. The total recoveries canada goose factory outlet vancouver made under this head only till today are approximately Rs.17.689 billion. This amount does not include the recoveries pertaining to voluntary return, loan default cases, court settlement cases/ court fines etc.
canada goose clearance sale 10. Some important facts about plea bargaining are as follows: canada goose clearance sale
canada goose coats a. Plea bargaining has been institutionalised on account of the following reasons: canada goose coats
Canada Goose Online i. Provide (state) prosecution greater flexibility in disposing of the criminal case lead. Canada Goose Online
ii. Quick disposition of cases may conserve judicial resources.
iii. Corrupt officials cease canada goose outlet buffalo to be government servants without resort to appeal.
iv. It is effective tool of recovery of looted wealth.
uk canada goose b. Plea bargain request is always initiated by the accused. uk canada goose
i. The offer has to be made to the NAB.
canada goose ii. It has to be in writing. canada goose
iii. The accused has to accept his guilt in writing.
c. A plea bargain agreement covers only a specified allegation and the accused can still be proceeded against in any other offence, under the NAO.
d. The amount of wealth looted is determined only on completion of investigations and if the accused agrees to pay the amount of ill gotten wealth or loss caused to the public exchequer, as determined by NAB, the chairman may accept such request of plea bargain. On approval of a plea bargain by the court, release orders of the accused are issued by the NAB chairman.
e. An accused whose plea bargain is accepted is deemed to have been convicted and this carries all the ancillary restrictions of a convict except imprisonment.
f. In case of default the amount is recoverable as arrears of land revenue, however, as per latest practice the recoverable amount is guaranteed through valid bank guarantees.
g. Plea canada goose outlet bargain against public policy is not accepted.
Canada Goose Outlet h. The amusing allegation of timeline given for the return of settlement amount in 3 installations of 34%, 33% and 33% can be clarified that the said settlements have to be made within 6 months, a restriction by all means. Canada Goose Outlet
11. To address the issue of default or delay in payments of plea bargain, which did happen in few cases in the past, the incumbent Chairman, Qamar Zaman Ch has introduced the concept of bank guarantees to secure the balance amount and timely payment.
12. Nevertheless, in a time of overcrowded criminal dockets, plea bargaining is unquestionably an institution that merits continued careful study by criminal justice systems everywhere. Thus it is reiterated that this is high time that our legal minds, media and civil society, instead of relying on hearsay, should deliberate this very important legal provision and separate canada goose outlet eu the facts from the myths as the NAO and its provisions have never been gone well with high and might corrupt mafia of the country.
Recent Comments