25. Voluntary return and plea bargain.―

(a) Notwithstanding anything contained in section 15 or in any other law for the time being in force, where a holder of public office or any other person, prior to the authorization of investigation against him, voluntarily comes forward and offers to return the assets or gains acquired or made by him in the course, or as the consequence, of any offence under this Ordinance, the Chairman NAB may accept such offer and after determination of the amount due from such person and its deposit with the NAB discharge such person from all his liability in respect of the matter or transaction in issue:

Provided that the matter is not sub judice in any court of law.

(b) 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:

Provided that statement of an accused entering into plea bargain or voluntarily return shall not prejudice case of any other accused:

Provided further that in case of failure of accused to make payment in accordance with the plea bargain agreement approved by the Court, the agreement of plea bargain shall become inoperative to the rights of the parties immediately.

(ba) Where an accused challenges validity of order approving plea bargain or it comes to the knowledge of the Court otherwise that the plea bargain was a result of duress, coercion or any other illegal pressure exerted on the accused during the course of inquiry or investigation, the Court after hearing both the parties may recall the approval of plea bargain to the extent of that accused.

(c) The amount deposited by the accused with the NAB shall be transferred to the Federal Government or, as the case may be, a Provincial Government or the concerned bank or financial institution, company, body corporate, co-operative society, statutory body, or authority concerned.

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— Voluntary return — Scope — Voluntary return constitutes (i) an offer of a holder of public office or any other person to make a voluntary return of the assets acquired or gains made by him in the course, or as a consequence, of any offence under the National Accountability Ordinance, 1999 (ii) acceptance of that offer by the Chairman NAB (iii) determination of the amount due from such person by the Chairman NAB and (iv) deposit by such person with the NAB of the amount so determined — Anything short of this does not constitute a valid voluntary return settlement — Voluntary return is, therefore, a one-off voluntary return facility linked with the liability of the accused as determined by the Chairman NAB — Being a voluntary payment, any failure thereof simply puts an end to the facility of voluntary return — Voluntary return under the law is a one-time facility of depositing the determined amount and not a long-term re-payment arrangement — Even if the accused is allowed to pay the amount in installments, voluntary return will only be effective once the determined amount is deposited in full. [PLR 2024 SC 3 = PLD 2024 SC 54 = 2023 SCP 315]

— Voluntary return — Scope — Accountability Court has got no role, power, or authority to direct or supervise the voluntary return proceedings — It is only the Chairman NAB who is competent to accept the offer of voluntary return and determine or fix the liability of an accused thereunder. [PLR 2024 SC 3 = PLD 2024 SC 54 = 2023 SCP 315]

— Voluntary return — NAB’s authority to reopen cases — Scope — National Accountability Bureau is empowered to inquire whether, at the time of making the offer under section 25(a), the accused had made full and complete disclosure of all the assets and gains acquired or made — If it is satisfied that the accused had failed in fulfilling his statutory obligation at the time of making an offer which had led to his discharge, then the NAB would be at liberty to proceed under National Accountability Ordinance, 1999 and the earlier concluded voluntary return will not be an impediment in prosecuting the accused. [PLR 2024 SC 3 = PLD 2024 SC 54 = 2023 SCP 315]

— Voluntary return — Scope — Voluntary return is simply an ‘offer’ made by the person concerned, which if ‘accepted’, by NAB, would constitute a valid contract — The ‘consideration’ of which is the return of the illegal gains made by the person to the NAB and finally to the respective department of the Government. [PLR 2024 SC 3 = PLD 2024 SC 54 = 2023 SCP 315]