Law: Constitution of Pakistan, 1973

Section: 13,199

Constitution of Pakistan--- ----Arts. 13 & 199---Constitutional petition---Halqa Patwari entering mutation in violation of a stay order---Proceedings against Halqa Patwari initiated before different forums---Double jeopardy, rule of---Applicability---Scope---Halqa Patwari (petitioner) entered a mutation in violation of a stay order passed by Executive District Officer (Revenue)---Complainants initially filed application before Senior Member Board of Revenue for initiation of departmental proceedings against revenue field staff, who were involved in attestation of mutation in presence of the stay order---Director-General Anti-Corruption Establishment also took up the matter upon an application filed by some of the complainants---National Accountability Bureau (NAB) authorities also initiated an inquiry---Plea on behalf of Halqa Patwari was that proceedings against him before different forums qua same allegations amounted to double jeopardy, and that it was a case of personal vengeance against him based on political pressure---Validity---Mutation was entered by Halqa Patwari in violation of stay order during pendency of certain appeals filed by complainants---Revenue hierarchy was probing into the conduct of the revenue field staff, whereas Anti-Corruption Establishment was considering the same from the angle of receiving illegal gratification by concerned revenue staff, while National Accountability Bureau (NAB) was holding an inquiry qua fraud played by unscrupulous persons in connivance with revenue field staff---Adjudication of the matter by different authorities from different angles would be helpful to bring out the truth, therefore, it would not be fair to halt proceedings initiated by different agencies to consider the matter from different angles---None of the forums had concluded its proceedings as yet---Claim of Halqa Patwari that he was being double jeopardized was misconceived in such circumstances---Constitutional petition was dismissed accordingly. ORDER By means of this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought a direction to Director-General, Anti-Corruption Establishment,…

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