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Saturday, January 21, 2017

Plea Bargain In Pakistan-- NAB Smoothened Way To Whiten Black Money--2




Under the American law indictment for theft the accused is sentenced in state prison. But in plea bargain less er indictment than theft is done in which the arrested person may be jailed. Plea bargain is usually practiced in four ways. However, in most countries of the world plea bargain has been introduced in two ways. Firstly those countries where common law of justice system consisting of judges, courts and tribunals is practiced. Among these countries are America, Canada, England, Pakistan and India. Secondly, those countries where civil laws are based on the old Roman justice system that started from Europe and these countries include Central African Democratic republic of Estonia, France, Gorgia, Germany, Italy, Poland and Japan. In Pakistan plea bargain has been introduced through National Accountability Bureau Ordinance 1999. Under this ordinance, accused after confession can deal plea bargain for the amount of money fixed by investigators and prosecutor. In Pakistan procedure is that accused committing crime submits an application to chairman NAB under the NAB ordinance, if chairman accept application then it is forwarded to accountability court for acceptance or rejection, if accepted by the court,then accused though remains sentencee but is not sentenced. He would be ineligible to contest election for ten years, if is government servant will be terminated from service, and can not get loan from banks or any financial institution. however, he will have pay 10 % additional fine along with plea bargained money. The NAB law is not so bad, but the corrupt person must be sentenced along with confiscating his property and looted money. The law is not fully implemented and many corrupt people get free with out paying a penny. In the USA, plea bargaining is a prominent part of criminal justice system, 90 % of the criminal cases are dealt with plea bargain instead of jury trials. In Canada olea bargaining is an approved part of criminal justice system. In Britain conditional plea bargain is allowed in magistrate court trials. In India plea bargaing was introduced through 2005 act of criminal law (amended), This law allows plea bargaining in different cases in which maximum sentence is seven years prison. The reason behind the introduction of plea bargaining in different countries is a huge number of cases in the courts that does not allow full attention of courts on more critical cases if plea bargaining is not done in some cases that saves the time of courts , judges and lawyers and also that of accused. In Pakistan till September 30, 2016, seven huge corruption cases were decided through plea bargaining and according to NAB website Rs 20 billion were recovered from corrupt people through this procedure during 10 years from 2006 to 2016. The seven plea bargaining cases of looted money/illegal assets were that of Syed Masoom Shah special advisor to chief ministers of KPK (Rs 300 million), share holders of Wind Mills Restaurant Lahore, Rao Faheem Yasin, Rao Naveed Yasin and Rao Rao Nadeem Yasin, (Bank Fraud of Rs 208 million, Mssrs Capital Builders Islamabad's Tassaduq Parvez, Munir Ajmal, Saqib Sohail and Rana Khalil Ahmad Khan (New Islamabad Garden) Fraud with people through over billing with out NOC (Rs 440 million), Messrs Tele Town Private Ltd's CEO Mubashir Iqbal, Ghulam Sarwar and Raja Karamat Hussain, Fraud with people in the name of housing society Rs 311 million, and former IG KPK Malik M Naveed, member purchase committee police department KPK, illegal use of pwer in purchasing of equipments, vehicles and arms for police (Rs two billion) out of which NAB recovered 400 million through plea bargain.



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