Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code, 1898

Section: 22-A & 22-B

Law: Punjab Anti-Corruption Establishment Rules, 2014

Section: 6, 15(2)

Law: Prevention of Corruption Act, 1947

Section:

 Summary

The petitioner Asifa Khalid challenged orders of the Ex-officio Justice of Peace (JOP) directing the Anti-Corruption Establishment (ACE) to conduct inquiry and potentially register an FIR regarding alleged forgery, illegal divorce certificate, and misconduct.

The Court held that:

• Under Sections 22-A & 22-B Cr.P.C., the JOP can direct police to register FIR or conduct inquiry, but has no jurisdiction over anti-corruption matters governed by a special law.
• Under Rule 6 of the Punjab Anti-Corruption Establishment Rules, 2014, only competent authorities within ACE can decide whether to:
  • register a case,
  • drop inquiry, or
  • initiate departmental proceedings.
• The ACE conducted inquiry and lawfully dropped proceedings, which attained finality.
• The JOP exceeded jurisdiction by:
  • directing possible registration of FIR,
  • fixing time frame, and
  • later reopening the matter through subsequent order.

Thus, both impugned orders were held without lawful authority and set aside.