• Monday, October 14, 2019

Fine for corruption is payable posthumously’

Discussion in 'Insaf - Justice' started by ghazi52, Jul 2, 2019.

  1. ghazi52

    ghazi52 ELITE MEMBER

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    Fine for corruption is payable posthumously’

    [​IMG]

    ISLAMABAD: Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa on Monday while hearing a case pertaining to corruption and illegal use of power remarked that wealth generated through corruption should be recovered even after death of the accused.

    A three-member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa and comprising Justice Mushir Alam and Yahya Afridi heard a case filed by wife of late DSP Akhtar Kayani against the high court verdict.

    During the course of proceedings, the court ordered Mrs Riaz Bibi, wife of late DSP Akhtar Kiana to pay a sum of Rs 30 million on her appeal against the high court verdict. It is pertinent to mention here that the Accountability Court awarded late DSP and his wife 10 years and five years sentence respectively and imposed Rs30 million fine in the case of corruption and illegal use of power.

    The high court also maintained the Accountability Court verdict. The chief justice remarked that one must have to pay amount earned through corruption even after death. He observed that the plot was purchased on a price of Rs20.5 million 25 years ago which will be of worth Rs2.5 billion now.

    He remarked that fine of Rs 30 million imposed in 2003 is much less as per today adding that the fined amount can be raised but it cannot be slashed. The NAB Prosecutor said the Jamil Akhtar appointed in 1959 and retired in 1995 as Deputy Superintendent Police.

    The counsel for Mrs Riaz Bibi said that his client could not pay fine amount. The NAB also froze bank accounts of his client opened after 1995. The chief justice remarked that the fine amount could not be reduced rather it could be enhanced.
     
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  2. ghazi52

    ghazi52 ELITE MEMBER

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    Supreme Court verdict states that anyone guilty of corruption will have to pay the fine, even if they serve additional time in prison.

    Chief Justice of Pakistan Asif Saeed Khosa declared on Tuesday that any person who has been convicted for corruption will have to pay their fine "even if they are dead".

    Justice Khosa made these remarks during the hearing of a case pertaining to a sentence awarded to a former government employee who had been found guilty of owning assets beyond known means. He said that an earlier Supreme Court verdict states that anyone guilty of corruption will have to pay the fine, even if they serve additional time in prison.

    "The extra time served in prison is punishment for not paying the fine," Justice Khosa explained.

    "The money [looted through corruption] must be returned even if the person [who is guilty of corruption] is dead," the chief justice said.

    Mohammad Kaleem Bhatti, a cashier in Quetta district commissioner's office, had properties worth more than Rs1.9 million beyond his known means of income.

    He was sentenced to five years in prison and slapped with a fine of Rs15m by a trial court and the verdict was upheld by the Balochistan High Court (BHC).

    Bhatti chose to serve two years in prison instead of paying the fine. The high court, in a later verdict, stated that since he had served additional time in prison, he did not have to pay the fine and returned his properties that were earlier confiscated.

    The National Accountability Bureau had challenged the verdict in the top court. During today's hearing, the chief justice said that the BHC had misunderstood the judgement by the SC.

    Bhatti argued that he had already served seven years in prison.

    "After serving seven years in jail, have your properties [bought by money earned through corruption] become legal?" Justice Khosa asked.

    "Fine will have to be paid even if the prison sentence has been served," the chief justice concluded.
     
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