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Accused cannot be exempted from paying penalty despite serving prison sentence in NAB cases: LHC

LAHORE:Lahore High Court (LHC) has maintained an accused can not be exempted from penalty in NAB cases due to its non payment by him despite serving sentence and fine can be recovered after twenty years too.

LHC bench comprising Chief Justice (CJ) LHC Aalia Neelum and Justice Amjid Pervaiz issued 15 page decision with reference to the matter.

The court while dismissing the plea of Mehr Muhammad Baqir seeking court's order for stopping the recovery of penalty from him has ordered the respective authorities to complete the proceedings for recovering a sum of Rs 20 lac against penalty within 3 months.

It has been maintained in the decision that the accused cannot be absolved of the financial liability even after serving one year sentence on non payment of fine.

The amount of the fine can be recovered as arrears of land revenue under NAB ordinance. Therefore, the recovery cannot be declared double jeopardy.

The court made it clear that the restriction of 6 years legal term does not apply in NAB cases in connection with recovery of penalty. Because NAB special law prevails in this matter.

According to court's decision the legal obligation regarding recovery of penalty imposed in corruption cases stays even if the accused has served sentence due to non payment of penalty.