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Ali Ahmed Baloch v. the State through NAB authorities,

PCrLJ 2014 113 · Balochistan High Court

Ali Ahmed Baloch, a retired provincial secretary, was convicted under the National Accountability Ordinance, 1999 for holding assets far beyond his known income. He was sentenced to seven years imprisonment, a large number of his properties were confiscated, and he was also ordered to pay a fine. His appeal against the conviction was dismissed by the Supreme Court, after which NAB filed proceedings to recover the fine as arrears of land revenue. While that recovery case was pending, Baloch applied for a plea bargain under section 25 of the Ordinance, and his family members applied to be added as parties. The trial court rejected both applications and allowed NAB's recovery application, and these rulings were challenged before the Balochistan High Court.

The High Court dismissed the appeals and petition. It held that serving a prison sentence for defaulting on fine payment does not cancel the obligation to actually pay the fine, especially in corruption cases where the fine represents public money that must be recovered. It also ruled that a plea bargain can only be requested before an accused is investigated, or during trial or a pending appeal, not after the courts have already given a final verdict. Since Baloch's conviction had already been upheld by the Supreme Court, the trial court had no power left to consider a plea bargain. NAB was found entitled to auction his remaining property to recover the fine. This case clarifies that accountability courts cannot be used to bypass final convictions through last-minute plea bargains, and that fines in corruption cases remain enforceable even after imprisonment is served

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