Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 197----Penal Code (XLV of 1860), Ss. 161 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Sindh Enquiries and Anti-Corruption Rules 1993, Rr.11 & 13---Public servant taking gratification other than legal remuneration in respect of official act; common intention, criminal misconduct---Bail, refusal of---Sanction for prosecution---Requirement---Accused, Assistant Commissioner, was caught red handed by the raiding party headed by the Civil Judge and Judicial Magistrate in presence of the complainant, when the amount received by him as illegal gratification had been recovered from the drawer of his table, for which the accused could not give satisfactory account---Accused was not co-operating with the prosecution and had not volunteered himself to record his statement before the Investigating Officer, due to which the prosecution had not been able to submit final Challan before the court---Defiant attitude of the accused was going to affect and influence the trial if he was set at liberty---Enough material was available on the record to prima facie connect the accused with the commission of the offence--- Under the FIR and the Trap Report, distinct and specific allegations had been levelled against the accused---Prosecution was not bound to obtain prior permission from the competent authority before initiating enquiry, investigation and lodging of the FIR against the accused/public servant and his subsequent arrest as a result thereof---Provisions as to sanction of the President, the Governor of the Province or any other executive authority mentioned in S. 197, Cr.P.0 and S. 6(5) Pakistan Criminal Law Amendment Act, 1958 were repugnant to the injunctions of Islam; therefore, exercise of framing Sindh Enquiries and Anti-Corruption Rules, 1993, contemplating obtaining necessary permission from the competent authority before initiating inquiry, FIR, investigation and submission of challan under Rr. 11 & 13 of the Rules was mala fide, void ab initio and of no legal effect---Even under said Rules, there was no requirement of obtaining prior such permission/sanction---High Court observed…

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