Law:

Section:

K.P.K. Ehtesaab Commission Act, 2014 (Amended Ordinance) (II of 2016)-- ----Ss. 17 & 35--General Clauses Act, 1956), S. 6--Constitution of Pakistan, 1973, Arts. 199 & 264--Effect of repeal--Defects, improbabilities andimpossibilities--Reference--Questionnaire form--Purchase of weapons, wireless sets, bullet proof jackets and allotment and retention of confiscated vehicles--Inquiry was neither completed within requisite period nor was it converted into investigation--Rights accused by virtue of amendment in repealed Ordinance were protected under Art. 264 of Constitution-Whether a particular provision of law is retrospective or prospective in its operation has to be gathered from language used in enactment--After initiation of an inquiry if no evidence is found or likely to be collected during stipulated period of 90 days, inquiry shall be closed automatically--Amendment brought in Section 35 is conspicuously silent about its impact where prosecution was able to collect some evidence. THIS ORDER PASSED BY: MS. MUSARRAT HILALI, JUSTICE:---.--- Petitioner, through this petition, seeks issuance of an appropriate writ declaring the impugned Reference (s) filed by respondents 1, 2 and 4 in the Court of Respondent No. 3 and all proceedings consequent thereto or arising therefrom as illegal, unlawful, without lawful authority and of no legal effect. Further, the impugned Reference being void ab initio and even otherwise fraught with number of incurable defects, improbabilities and impossibilities are sought to be quashed, set aside and put at naught. 2. The petitioner is a Grade-20 officer and served in the capacity of Secretary to the Provincial Government in various Government Departments. He is also the President of Provincial Civil Services Officers Association and representing stake of over 400,000 Provincial Government employees. After promulgation of Khyber Pakhtunkhwa Ehtesaab Commission Act 2014, a Committee meant for bringing meaningful betterments in the said Act was constituted of which the petitioner was made a member by giving suggestions and recommendations. Later on, a questionnaire form was issued to the petitioner alleging therein purchase of…

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