Law: Penal Code (XLV of 1860)

Section: 409

Penal Code (XLV of 1860)-- ---- S. 409--.-Prevention of Corruption Act (II of 1947), S.5 --- Constitution of Pakistan (1973), Art. 199 --- Registration of F.I.R. ---Accused wielding political power in the peculiar administrative and political. set up were openly defying to subject themselves to the process of accountability by refusing even to hand over the record regarding the expenditure of the funds of Rs.25 lacs entrusted to them for "Taameer-e-Watan" programme by the Provincial Government to the Anti-Corruption Department obviously to avoid a probe into the allegations of embezzlement or misappropriation against them and had virtually paralyzed the enquiry being conducted against them in a lukewarm manner on the complaint of the petitioners --- Additional Director Anti Corruption was directed in the circumstances to register a case against the accused under S. 409, P.P.C. read with S-5 of the Prevention of Corruption Act, 1947 and to take up its investigation personally. Penal Code (XLV of 1860)-- ---- S. 409 --- Prevention of Corruption Act (11 of 1947), S.5 --- Constitution of Pakistan (1973), Art.199 --- Influential persons having political backing and bureaucratic support for their malpractices --- High Court suggested measures to handle such cases. Sh. Zia-ud-Din Qamar- for Petitioners. Mirza Aziz Baig, Legal Advisor for Corporation. Nafees Ahmad Ansari, A.A.-G. ' ORDER Through this writ petition Ghulam Oasim Khakwani and certain other Councillors of Municipal Corporation, Multan, seek the direction of this Court to the Additional Director, Anti-Corruption, Multan (respondent No.1), for the registration of a . case against respondents Nos.2 to 16 for the embezzlement of Government money   and their prosecution in the Court of competent jurisdiction after the completion of investigation. The allegations in the writ petition are that Government of the Punjab had sanctioned a sum of Rs.25,00,000 under 'Tameer-e-Watan' Programme and this amount was to be utilised by the M.N.A./M.P.A. under the instructions of the Local Government. However, Malik Salahuddin Dogar, M.P.A. of Multan and an Ex-Mayor of Municipal Corporation, Multan…