PESHAWAR: A Peshawar High Court bench on Tuesday suspended an accountability court`s order to put certain restrictions on the National Accountability Bureau in cases of plea bargain and voluntary return of ill-gotten money.

A bench comprising Justice Yahya Afridi and Justice Irshad Qaisar issued notices to the attorney general for Pakistan and the Peshawar accountability court`s registrar asking them to explain their respective positions on the matter.

The bench issued the order after preliminary hearing of a petition filed by the NAB challenging the order of an accountability court about the release of suspects under the provisions of voluntary return and plea bargain given in the National Accountability Ordinance 1999.

Under the said ordinance, the NAB chairman is empowered to accept voluntary return application of a suspect during inquiry stage of the case.

However, when the `inquiry stage` turns into investigation, then the suspect could only enter into plea bargain with the NAB. Furthermore, under the law, anyone entering into plea bargain with the NAB stands disqualified for 10 years from being elected, chosen, appointed or nominated as a member or representative of any public body or any statutory or local authority or in service of the country or of any province.

However, no such bar applies to a suspect whose case is of voluntary return. A judge of the accountability court, Ibrahim Khan, had pronounced on June 13 that once a suspect was arrested by the NAB, then the `inquiry stage` ended and the `investigation stage` had begun, he could not be freed on basis of voluntary return.

The accountability court had taken notice of the matter when the NAB had accepted voluntary return application of the executive officer of Bannu cantonment, Haseenullah Khan,who was arrested on the charge of irregularities while leasing out and auctioning certain properties. As he was in custody, the issue was referred to the court for his release af ter NAB approval.

The accountability judge had raised several questions and had asked why the NAB has different yardsticks for different suspects as in certain cases, it releases suspects on the basis of voluntary return favouring suspects, whereas in other cases, it allows plea bargain, disqualifying suspects from holding government offices.

While the court had ordered release of the executive of ficer, it had barred the NAB from accepting applications of suspects on voluntary return basis once he was arrested.

NAB deputy prosecutor general Jamil Khan told the bench that the law was clear on the issue as unless the case had entered the `investigation stage`, the NAB chairman had powers to accept voluntary return application of a suspect. He said the judgment of the accountability court amounted to depriving suspects of their rights provided under the law.Bureau Report