Law:

Section:

(a) Ehtesab Act (IX of 1997)--S. 12(3)---Criminal Procedure Code (V of 1898), Preamble---Provisions of Criminal Procedure Code, 1898, mutatis mutandis apply to the proceedings under Ehtesab Act, 1997---Phrase "as it may deem fit"---Significance---Phrase "as it may deem fit" used in S.12(3) of Ehtesab Act, 1997 signifies that the Court has full and complete power to follow such procedure in order to do justice, but in the exercise of such power it must act justly, fairly and in accordance with law---Said phrase does not imply following arbitrary procedure but same must be construed to follow only such procedure which is just and proper for doing justice between the parties and not in violation of any law. Federation of Pakistan v. Muhammad Tariq Pirzada 1999 SCMR 2744 ref. (b) Ehtesab Act (IX of 1997)--- ----S. 12---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to examine the questions arising in the case being of great public importance as well as the scope, extent and jurisdiction of the Ehtesab Bench under S. 12 of the Ehtesab Act, 1997. Federal Act on International Mutual Assistance in Criminal Matters, known as (IMAC) of 20th March, 1981; Ratilal Bhanji Mithani v. The State of Maharashtra AIR 1972 SC 1567; Habibullah Majmuder v. Nikhil Poddar AIR 1970 Tripura 93; Sardul Singh v. Emperor AIR 1926 Lah. 567; Muhammad Khalid Mukhtar v. The State PLD 1997 SC 275; Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317; Federation of Pakistan v. Muhammad Tariq Pirzada 1999 SCMR 2744; Evidence by Woodroffe, 10th Edn., p.544; Fitzgerald v. Fitzgerald 3 Sw. & Tr. 397 and Tarucknath v. Gouree (1865) 3 WR 47. ref. Syed Iftikhar Gillani, Advocate Supreme Court with Raja Abdul Ghafoor, Advocate-on-Record for Petitioner (in Cr.P. No. 46 of 1999). Farooq H. Naek, Advocate Supreme Court with Raja Abdul Ghafoor, Advocate-on-Record for Petitioner (in Cr.P. No. 47 of 1999). Ch. Muhammad Farooq, Attorney-General, Tanvir Bashir Ansari, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for the State. Dates of hearing: 9th to 12th March, 1999 ORDER IRSHAD HASAN KHAN, J.---Through this common order we propose to dispose of…

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