Law: Anti-Corruption Establishment Ordinance, (XX of 1961)

Section: 3(l)

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961) S. 3(l)-Object of Establishment : Investigation of scheduled offences and holding of preliminary inquiries to determine whether matter required investigation or departmental inquiry-Preliminary inquiry-Distinguishable from investigation-Question whether offences prima facie made out require investigation or disposal on departmental level-To be based on findings of preliminary inquiry-Establishment may, however, in certain cases under Rules and Government's orders straightaway start investigation after registering case in its discre tion. The Anti-Corruption Establishment was created with two objects, namely (a) for the investigation of offences set out in the Schedule, and (b) for holding preliminary inquiries for determining whether the offences set out in the Schedule should be investigated or departmental inquiries into the conduct of any public servant concerned in such offences should be held. Section 3(l) of the Act draws a clear distinction between a preliminary inquiry and investigation. Apart from that, a preliminary inquiry precedes investigation for it is on the findings of the preliminary inquiry that the Establishment has to decide whether the offences prima facie made out should be investigated or the matter be disposed of at the departmental level. Of course, in some cases the Establishment may even without holding any preliminary inquiry straightaway start the investigation after registering a case, but then this is a matter falling within the discretion of the Establishment which is to be exercised in accordance with the rules framed under the Ordinance and any order of the Government which, being the employer, understandably enjoys extensive powers in this regard. (b) West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961) S. 3(l) read with Criminal Procedure Code (V of 1898), S. 154 Registration of case on mere receipt of information, regarding commission of any scheduled offence-Not incumbent on Anti-Cor ruption Establishment--Subsection (1) of S. 3-Contains a non obstante clause-Provisions of S. 154, Criminal Procedure Code, 1898 Cannot be invoked to do…