Law:

Section:

(a) 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, Councillor, a Municipal Corporation 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 Rupees one crore made available to them by the Provincial Government for the execution of development schemes obviously to avoid a probe into the allegations of embezzlement or misappropriation against them and had virtually paralyzed the enquiry being conducted against them by the Anti-Corruption Department 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. (b) Constitution of Pakistan (1973)- ---- Art. 199 --- Penal Code (XLV of 1860), S.409 --- Prevention of Corruption Act (II of 1947), S.5 --- Influential persons having political backing and bureaucratic support for their malpractices --- High Court suggested measures for taking effective proceedings against such persons. ORDER Through this Constitutional petition, Ghularn Hussain Khah Khizar and certain other Members of Municipal Corporation, Multan, seek the directions of this Court to the Additional Director, Anti-Corruption, Multan (respondent No.1), on for the registration of a case against respondents Nos.2 to 17 for the embezzlement of Government money and their prosecution in the Court of competent jurisdiction after the completion of investigation. The allegations against the respondents are that Government of the Punjab on 6-11-1991 transferred a sum of rupees one crore by way of special grant to Malik Salah-ud-Din Dogar, M.P.A. who was the Mayor of Multan Corporation (respondent No.2), for the execution of development scheme under the programme known as 'Tameer-e-Wattan' in his Constituency No.PP-160, Multan, which roughly coincides with the…

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