Law: Azad Jammu and Kashmir Ehtesab Bureau Act, 2001

Section: 2(ii)

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Ehtesab Bureau Act (I of 2001)--- ----S. 2(ii)---Jurisdiction of the Azad Jammu and Kashmir Ehtesab Bureau----Forgery of signatures on documents by Bank/Financial Institution---Petitioner Bank, inter alia, sought that all proceedings initiated against it, including by the Azad Jammu and Kashmir Ehtesab Bureau, be declared without lawful jurisdiction---Contention of petitioner, inter alia, was that it liquidated the foreign exchange bank account of respondent in view of its default to pay back loan according to the process notified by the State Bank of Pakistan---Validity---Contents of the inquiry conducted into the matter by the Azad Jammu and Kashmir Ehtesab Bureau and Federal Investigation Authority revealed that signatures of the respondent were in fact forged by the petitioner Bank---Petitioner Bank, if it all was authorized to liquidate foreign currency of respondent customer in view of directive of State Bank of Pakistan, even then the same could not have been done by committing forgery, therefore contention that the petitioner Bank was authorized to adjust loan of respondent was not tenable---Objection against jurisdiction of the Azad Jammu and Kashmir Ehtesab Bureau in the present matter was untenable as under S.2(ii) of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, said Act shall effect notwithstanding anything contained in any other law and all offences committed after 01.01.1985 had been made triable under the said Act---High Court observed that investigation into officials of the petitioner bank by Azad Jammu and Kashmir Ehtesab Bureau could not be restrained---Writ Petition was dismissed, in circumstances. Ehtesab Bureau v. Abid Hussain and 3 others decision dated: 8.9.2014 ref. PLD 2009 Kar. 638 distinguished. (b) Administration of justice--- ----Continuation of civil suit was no bar to criminal proceedings even if both cases related to the same subject. 2007 MLD 1505 and PLD 208 Lah. 358 rel. THIS JUDGMENT DELIVERED BY: AZHAR SALEEM BABAR, J.--- The instant writ petition has been filed under Article 44 of Azad Jammu and Kashmir Interim Constitution, 1974, whereby following relief has been solicited by the…

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