NATIONAL INSTITUTE OF MANAGEMENT, LAHORE

25th MCMC
CURRENT ISSUE PRESENTATION
“Plea Bargain: Issues, Challenges and Way Forward”
By
Rubina Qadir
Ex-Cadre(NAB)
Faculty Adviser: Mr. Khalid Nazir Wattoo
Dated: 17-01-2018
 Sequence of Presentation
• Currency of the Topic
• Statement of Problem
• Aim of Presentation
• Introduction
• Background
• Corruption & Corrupt Practices
• Definitions of Plea Bargain (PB)
• PB Recovery by NAB
• Issues
• Significance of PB
• Challenges
• Conclusion
2
• Recommendations
Currency of the Topic

3
 Statement of Problem

General perception of Plea Bargain is negative and it is

considered as bad but I do not agree to this statement.

4
 Aim of Presentation

To ascertain the legal and factual aspects of Plea Bargain

5
 Introduction

• Plea Bargain –international perspective

• Plea Bargain as per National Accountability Ordinance, 1999

6
 Background

• Corruption - problem in Pakistan

• NAB –an apex anti corruption agency of Pakistan with following preamble:

• An Ordinance to provide for the setting up of a National Accountability Bureau

so as to eradicate corruption and corrupt practices and hold accountable all those

persons accused of such practices and matters ancillary thereto;

7
 Contd…
• WHEREAS it is expedient and necessary to provide for effective measures for
the detection, investigation, prosecution and speedy disposal of cases
involving corruption, corrupt practices, [misuse or abuse] of power[or
authority], misappropriation of property, taking of kickbacks, commissions
and for matters connected and ancillary or incidental thereto;
• AND WHEREAS there is an emergent need for the recovery of outstanding
amounts from those persons who have committed default in the repayment of
amounts to Banks, Financial Institutions, [Governmental agencies] and other
agencies;
• AND WHEREAS there is a grave and urgent need for the recovery of
state money and other assets from those persons who have
misappropriated or removed such[money or] assets through corruption,
corrupt practices and misuse of power* or authority;
Source: National Accountability Ordinance 1999 8
 Contd…
• [AND WHEREAS there is an urgent need to educate the society about
the causes and effects of corruption and corrupt practices and to
implement policies and procedures for the prevention of corruption in the
society;]
• [AND WHEREAS there is an increased international awareness that
nations should co-operate in combating corruption and seek, obtain or
give mutual legal assistance in matters concerning corruption and for
matters connected, ancillary or incidental thereto;]
• AND WHEREAS it is necessary that a National Accountability Bureau
be set up so as to achieve the above aims;

Source: National Accountability Ordinance 1999 9

 Definitions
Corruption and Corrupt Practices
• If he accepts or obtains from any person or offers any gratification directly or indirectly,
other than legal remuneration, as a motive or reward such as is specified in section 161
of the Pakistan Penal Code (Act XLV of 1860) for doing or for-bearing to do any
official act, or for showing or for-bearing to show, in the exercise of his official
functions, favour or disfavour to any person, or for rendering or attempting to render
any service or disservice to any person; or
• If he accepts or obtains or offers any valuable thing without consideration, or for a
consideration which he knows to be inadequate, from any person whom he knows to
have been, or likely to be, concerned in any proceeding or business transacted or about
to be transacted by him, or having any connection with his official functions or from
any person whom he knows to be interested in or related to the person so concerned; or
• If he dishonestly or fraudulently misappropriates or otherwise converts for his own
use, or for the use of any other person, any property entrusted to him, or under his
control, or willfully allows any other person so to do; or
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Source: National Accountability Ordinance 1999
 Contd…
• If he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his
spouse or dependents or any other person, any property, valuable thing, or pecuniary advantage; o
• If he or any of his dependents or benamidar owns, possesses, or has acquired right or title in any
“assets or holds irrevocable power of attorney in respect of any assets or
• pecuniary resources disproportionate to his known sources of income, which he cannot
reasonably account for or maintains a standard o living beyond that which is commensurate with
the source of income; or
• [if he misuses his authority so as to gain any benefit or favour for himself or any other person, or
[renders or attempts to render] [or willfully fails to exercise his authority to prevent the grant, or
rendition of any undue benefit or favour which he could have prevented by exercising his
authority];
• If he has issued any directive, policy, or any SRO (Statutory Regulatory Order) or any other order
which grants or [attempts to grant] any [undue] concession or benefit in any taxation matter or
law or otherwise so as to benefit himself or any relative or associate or a benamidar [or any other
person]
• If he commits an offence of willful default, {; or }]
Source: National Accountability Ordinance 1999 11
 Contd…
• If he commits the offence of cheating as defined in section 415 of the Pakistan
Penal Code, 1860 (Act XLV of 1860), and thereby dishonestly induces members
of the public at large to deliver any property including money or valuable security
to any person; or
• If he commits the offence of criminal breach of trust as defined in section 405 of
the Pakistan Penal Code, 1860 (Act XLV of 1860) with regard to any property
including money or valuable security entrusted to him by members of the public at
large;
• If he, in his capacity as a banker, merchant, factor, broker, attorney or agent,
commits criminal breach of trust as provided in section 409 of the Pakistan Penal
Code, 1860 (Act XLV of 1860) in respect of property entrusted to him or over
which he has dominion; and
• If he aids, assists, abets, attempts or acts in conspiracy with a person or a holder of
public office accused of an offence as provided in clauses (i) to (xi).]
Source: National Accountability Ordinance 1999 12
 Plea Bargain
• An arrangement between prosecutor and defendant (International Perspective)
• Section 25(b) of NAO, 1999 defined Plea Bargain as, “Where at any time
after the authorization of investigation, before or after the commencement of
the trial or during the pendency of an appeal, the accused offers to return to the
NAB the assets or gains acquired or made by him in the course, or as a
consequence, of any offence under this Ordinance, the Chairman, NAB, may,
in his discretion, after taking into consideration the facts and circumstances of
the case, accept the offer on such terms and conditions as he may consider
necessary, and if the accused agrees to return to the NAB the amount
determined by the Chairman, NAB, the Chairman, NAB, shall refer the case
for the approval of the Court, or as the case may be, the Appellate Court and
for the release of the accused.

Source: National Accountability Ordinance 1999 13

 Disposal of PB Amount

• Federal Government

• Provincial Government

• Concerned Bank and Financial Institutions

• Company

• Co-operative Society

• Authority Concern / Public

Source: National Accountability Ordinance 1999 14
 Legal Implications of PB

• Deemed to be convicted for an offence under NAO

• Cease to hold public office

• Disqualified for a period of ten years

Source: National Accountability Ordinance 1999 15

 Details of RECOVERY through PB
NAB since its inception till date has recovered Rs. 19013.64 M through PB.
Year Amount Recovered Year Amount Recovered
(million)
1999 - 2009 862.64
2000 759.53 2010 184.35
2001 1528.41 2011 553.06
2002 644.92 2012 1290.15
2003 1493.74 2013 806.45
2004 472.26 2014 1300.62
2005 1108.75 2015 1092.34
2006 139.85 2016 5675.51
2007 267.78 Total 19013.64
(19 Billion)
2008 833.28
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 Significance of PB

• It helps to cut lengthy trials short

• Result in quick recovery for the public good / Exchequer

• Common man feels more relief at the return of his amount

• Reduces burden on Courts and the investigation agency

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 Issues

• The idea of PB is not well known:

• A lot of people do not know about this concept

• People are most interested in gossip than fact

• NAB has not been able to properly advertise / propagate the achievements

of this concept

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 Contd…

•Myths about Plea Bargain

• “Muk Muka”

• Kidnapping for ransom by NAB

• Punishment vs favor perception

• Encouragement to corruptocrats to further venture into corruption

• Plea Bargain or Planned Bargain—the defaulted PB amounts

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 Contd…
•Complexity of White Collar Crimes: It is always hard to break to accused
and surrender the looted amount through PB, some glimpses are given below: -
• Investigation of corruption is not simple and straight forward “give me a
robbery or murder to solve any day over a white collar crime—they are difficult
to understand.
• The acts of corruption are properly thought out, well planned, aptly guised and
disguised.
• Size of embezzled amount, number of affected people.

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 Contd…

• Allegations are sometimes air airy

• High Public Expectations

• Lack of Witness / Complainant Protection System

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 Challenges
• How to create awareness in masses regarding PB.

• Extensive and more thread bare investigations. so that no liability of the

accused remains unearthed.

• To win the confidence of the courts specially superior judiciary.

• To inculcate confidence and support in the minds of witnesses and

complainants.

• To create further mechanism/ legislation to effectively put into action the

witness protection envisaged in NAO 1999. 22
 Conclusion

It can be summarized that PB has a legal ground as per NAO 1999 and

mostly beneficial to national exchequer and general public.

With some further amendments in NAO, it can be made more acceptable

and effective.

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 WAY FORWARD
• Concerted campaign by NAB to acquaint people about the essence, need and
positive side of the Plea Bargain
• NAB may augment efforts to speedily conclude the cases resulting either in jail
terms or recovery of hefty amounts through Plea Bargain
• Carrying out investigations by NAB with emphasis on collecting data / record
through proactive approach rather than through conventional collection of establish
strong prosecutable case resulting in increased PB Convictions.
• Extensive training to be imparted to the IOs
• Increasing the strength of qualified experts like Assets, Land Revenue, Banking etc
• Public, Media and Courts may give a supporting hand
• Last but not the least, NAO, 1999 may be amended to include a mandatory jail term
though a token one for any offender who enters into PB. This would result in
further deterrence and improvement of public perception
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