Law: Constitution of Pakistan, 1956

Section: 199

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 409

Constitution of Pakistan (1973)--- ----Art. 199---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, embezzlement of government funds---Quashing of F.I.R., petition for---Contention of petitioner was that Community Board constituted under S.98 of the Punjab Local Government Ordinance, 2001 was 'juristic person" and its members and functionaries did not fall within the definition of "public servant", the process of investigation initiated against them under the anti-corruption laws was without jurisdiction, ultra vires; and F. I. Rs. registered against them, were illegal---Validity---Intention of the Legislature appeared to be that if funds were provided by the government exchequer for use of public purpose, the persons associated with discharging of their functions by using the public funds were deemed to be "public servant", though they could not be government employees or receiving their own salaries/ remuneration from the Government---Contention was repelled in view of the facts as the amount being spent by the functionaries of the petitioner was out of public funds and same were supposed to be spent for public purposes---If said amount was misappropriated, it could not be said that the petitioners could not be prosecuted under the anti-corruption laws---Constitutional petitions had not been filed in the case by the functionaries of the Board, but had been filed on behalf of the Board---Relief to the functionaries of the Board (petitioner) could not be granted in absence of any proper petition on their behalf. 2004 PCr.LJ 620; 2000 YLR 2242; 1995 PCr.LJ 797; 1988 PCr.LJ 1429; 1990 PCr.LJ 971; 1997 PCr.LJ 594, 758 and 991; 1997 MLD 1573; NLR 1997 SD 215; 1995 PCr.LJ 94; PLD 1996 Lah. 145 and Aqa S. Asghar Hussain v. State 1981 SCMR 1112 ref. THIS ORDER PASSED BY: TARIQ JAVAID, J.--- This order shall dispose of Writ Petition No. 1431 of 2010; Writ Petition No. 7333 of 2009; Writ Petition No.7204 of 2009; Writ Petition No. 8651 of 2009; Writ Petition No. 459 of 2009; Writ Petition No. 3501 of 2009; Writ Petition No 692 of 2009; Writ Petition No. 1304 of 2009; Writ Petition No. 8504…

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