| Citation(s) |
|---|
| 2002 SLG 2393 2002 SLD 2393 2002 PLD 416 |
Lahore High Court
Intra-Court Appeal IM of 1997, decided on 8th May, 2002. dates of hearing: 5th, 12th, 22nd, 24th and 25th April, 2002
KARANAAT NAZIR BHANDARI, CH. IJAZ AHMAD AND IJAZ AHMAD CHAUDHARY, JJ,
Ashtar Ausaf Ali for Appellants. Khawaja Saeed-uz-Zafar, Dy. A.G. for Pakistan for
Respondents Nos. 1 adn 2. Zahid Hamid for
Respondent No. 3
Intra-Court Appeal IM of 1997, decided on 8th May, 2002. dates of hearing: 5th, 12th, 22nd, 24th and 25th April, 2002
KARANAAT NAZIR BHANDARI, CH. IJAZ AHMAD AND IJAZ AHMAD CHAUDHARY, JJ,
Ashtar Ausaf Ali for Appellants. Khawaja Saeed-uz-Zafar, Dy. A.G. for Pakistan for
Respondents Nos. 1 adn 2. Zahid Hamid for
Respondent No. 3
ASIF SAIGOL and 2 others
VS
FEDERATION OF PAKISTAN through Interior Secretary, Pakistan Secretariat, Islamabad and 2 others
Law:
Section:
(a) Interpretation of statutes----- Preamble of a statute ---Scope---Preamble is not a part of statute as such and its scope is only to indicate legislative intention---If the enacting provision is clear the same has to be given effect, by giving plain and literal meaning to the words and in such a situation reference to preamble may not be made. The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan and others PLD 1972 SC 279; Hassan and others v. Fancy Foundation PLD 1975 SC 1; Mst. Zainab Bibi and others v. Mst. Bilqis Bibi and others PLD 1981 SC 56 and Pakistan Railway v. Abdul Haqique and others 1991 SCMR 657 ref. (b) Federal Investigation Agency Act, 1974 (VIII of 1975)------S.3---Constitution of Pakistan (1973), Arts. 199 & 87, Fourth Sched. Federal Legislative Lists Part I, Item 28---Constitutional petition---Quashing of F. I. R.--Registration of F.I.R. by Federal Investigation Agency- in relation -to offences committed in private/scheduled Banks ---Validity--Banking being a matter concerning the Federal Government, Federal Investigation Agency has the jurisdiction to inquire into and investigate the offences taking place in or in relation to private Banks (not owned or managed by Federal Government), which are Scheduled Banks within the meaning of State Bank of Pakistan Act, 1956---Federal Investigation Agency had competently registered and investigated the cases and F.I.Rs. could not be quashed on the ground that the Agency lacked powers to register the cases---Principles. Plain reading of subsection (1) of section 3 of Federal Investigation Agency Act, 1974 hardly admits of any doubt as to the command contained in this section. It authorizes the Federal Government to constitute the Agency "for inquiry into and investigation of, the offences specified in the schedule, including an attempt............The meaning is very clear that the Agency can inquire into and investigate the offences mentioned in Item No.l of the Schedule. There is no ambiguity in the words used in section 3 of the Act. There is no word limiting or restricting the power of the Agency to inquire into and investigate offences specified in the…
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