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Dr. MAZHAR UL HAQ KAKAKHEL vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU S — 2021 PLD 17 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 17 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
Dr. MAZHAR UL HAQ KAKAKHEL vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU S
Subject matter
Criminal
Provisions referred to
S. 25

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. MAZHAR UL HAQ KAKAKHEL VS CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU S. 25(a)---Qanun-e-Shahadat (10 of 1984), Art.114---Constitution of Pakistan, Art. 199---Constitutional petition---Voluntary Return---Coercion and fraud---Principle of estoppel---Applicability---Factual controversy---Petitioner opted for Voluntary Return before National Accountability Bureau (NAB) and returned all illegal benefits alleged to have acquired by him---Two years later, petitioner sought recovery of amount deposited by him with NAB on the plea of misrepresentation, coercion and fraud committed by NAB---Validity---Admission of petitioner pertaining to Voluntary Return application and his affidavit created a barrier for him under the principle of estoppel---Questions of misrepresentation, coercion and fraud required complete trial which could not be resolved in Constitutional jurisdiction---High Court declined to go into disputed questions of facts---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2021 PLD

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