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Constitution of Pakistan (1973)-----Art. 185(3)--Prevention of Corruption Act (11 of 1947), Ss. 5 (1)(c) 5-C--Penalty of forfeiture of property--Plea of discrimination between Provincial and Central Government employees offending equality clause provided for in Constitution--Fundamental Rights having been suspended, could not be invoked--Petition for leave to appeal dismissed. Sh. Nisar Qutab, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Date of hearing: 14th March, 1984. ORDER NASIM HASAN SHAH, J.--The petitioner was tried by the Special Judge, Anti-Corruption, Lahore, who convicted and sentenced him as under:- (1) One year R.I. under section 411, P.P.C. (2) Six years' R.I. and fine of Rs. 50,000 under section 466, P.P.C. (3) Six years' R.I. and a fine of Rs. 50,000 under section 473, P.P.C. (4) Seven years' R.I. and a fine of Rs. one lac (1,00,000) under section 5-C of the Prevention of Corruption .Act, 1947. In default of payment of fine to undergo further R.I. for one year and 9 months on each count. The learned trial Court also ordered that Rs. 1,35,010, Car LED 3432, Scooter LEX 9229, Urdu and English Type-Writers, Refrigerator and Radiogram be confiscated in favour of the State. The petitioner filed an appeal against the order of his conviction and sentence before the Lahore High Court. A learned Single Judge of the said Court acquitted the petitioner on the first three counts but upheld the conviction and sentence on the fourth count, namely, under the charge under section 5-C of the Prevention of Corruption Act, 1947. However, the sentence was reduced from 7 years to 4 years' R.I. and the fine reduced from 1,00,000 to Rs. 50,000, in default whereof he was to undergo further R.I. for one year. He was also given benefit under section 382-B, Cr. P.C. in the matter of computation of sentence. The petitioner has now moved this Court by this petition for leave to appeal. His main contention is that section 5-C of the Prevention of Corruption Act, 1947, which was brought on the statute book by an amendment made through Ordinance No. 17 of 1960 was applicable to the servants of the…

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