Law:

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Constitution of Pakistan (1973)-- ---Art. 188--Review-Sanction to prosecute-Contrary view appearing to have been taken in (no case as against others on question of applicability of bar to prosecution due to lack of sanction for prosecution and leave to appeal granted in some cases to consider such question-Some conflict existing on question, review petition asked to be put up for hearing alongwith such other appeals and sentence being a short one for only nine months, petitioner released on bail in meantime---Penal Code XLV of 1860), S. 161 read with Prevention of Corruption Act (II of 1347), S. 5(2).-[Review-Sanction for prosecution]. Nazir Hussain Shah v. State P L D 1965 S C 138 1 Ataur Rehman v. State P L D 1967 S C 2s and Abdul Fateh v. State 1972 S C M R 239 ref. ORDER HAMOODUR RAHMAN, C. J.-This is a petition for the review of an order of this Court passed on the 25th January 1974, dismissing a petition for special leave to appeal, being Criminal Petition No. K-81 of 1913. One of the questions which arose for consideration in this case was as to whether the Special Judge-cum-Enquiry officer, Anti-Corruption, could take cognizance of the case against the petitioner under section 161, P. P. C, read with subsection (2) of section 5 of the Prevention of Corruption Act, 1947, without a proper sanction, This Court, relying on a Full Court decision in the case of Nazir Hussain Shah v. State (PLD1965SC138) took the view that the bar to the prosecution contained in subsection (5) of sect ion…

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