Law: Pakistan Criminal Law (Amendment) Act, 1958

Section: XL,4,5

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Pakistan Criminal Law (Amendment) Act (XL of 1958--- ----Ss. 4 & 5---Jurisdiction of Special Judge, Anti-Corruption---Scope---Special Judge issued directions against petitioner (Circle Officer Anti-Corruption Establishment) for suspension, initiation of inquiry and criminal prosecution for criminal intimidation, hindering court proceedings and bribery---Violation of principle of natural justice---Contention of the petitioner was that Special Judge Anti-Corruption could not issue suspension of a civil servant in collateral proceedings in a criminal matter, as his powers were limited while trying offences relating to corruption within his designated jurisdiction---Validity--Court in collateral proceedings cannot order the suspension of a civil servant while directing the initiation of departmental proceedings in a criminal case while it can recommend an inquiry if misconduct is suspected and the decision to suspend rests with the relevant authority---Special Judge Anti-Corruption s role is limited in corruption matters and it cannot directly order the suspension of civil servants for the simple reason that a person being criticized by a Judge should be given a chance to explain himself, however, the petitioner was not given that opportunity, instead, his silence was interpreted as an admission of guilt which factum needed through inquiry by the competent authority as the petitioner placed on record certain documents along with his memo. of petition to show his innocence about bail bond obtained from the respondent for his appearance in Court and the allegations levelled by the respondent required thorough probe by the competent authority on the administrative side without being influenced by the observation of the Trial Court in the impugned order--High Court ordered removal of harmful remarks against the petitioner, subject to the independent inquiry of the allegations by the official respondents, without being influenced by the observation of the Special Judge Anti-Corruption, after providing a meaningful hearing to the parties concerned---Constitutional petition was disposed of, in circumstances. Imad Ali Khawaja v. The State and…