Law:

Section:

(a) Ehtesab Act (IX of 1997)--- ----Preamble---History of Legislation on Ehtesab recapitulated. (b) Ehtesab Act (IX of 1997)--- ----Preamble---Constitution of Pakistan (1973), Art. 199---Vires of Ehtesab Act, 1997---Ehtesab Act, 1997 ensures fairness in carrying out the process of Ehtesab and does not suffer from any vice so as to render same unconstitutional or call for interference of the High Court to strike down the said Act. (c) Ehtesab Act (IX of 1997)--- ----Preamble, Ss. 3 & 4---Reference---Procedure---While deciding whether or not any reference was to be made, Chief Ehtesab Commissioner was to keep tile whole Ehtesab Act, 1997 particularly Ss. 3 & 4 thereof in view---No separate guideline for Chief Ehtesab Commissioner was necessary. (d) Ebtesab Act (IX of 1997)--- ----Ss. 13, 15 & 20---Powers of Chief Ehtesab Commissioner to seek assistance and call for relevant documents and information from any Department of Federal or Provincial Government---Cognizance of offence ---Investigation---Procedure--­Chief Ehtesab Commissioner enjoys the pivotal position under the Ehtesab Act, 1997 and it is for him to decide whether or not any case deserves to be investigated into and then order investigation and to take a decision whether or not to refer the matter for trial. Although it is true that under sections 13 and 15 of the Ehtesab Act, 1997, the investigation has to be carried out by the Ehtesab Cell but one has to take notice of section 20 of the Ehtesab Act, 1997 which empowers the Chief Ehtesab Commissioner to seek assistance and call for documents and information relevant to any proceedings from any department of the Federal Government or the Provincial Government. In these circumstances, the jurisdiction of the Chief Ehtesab Commissioner to carry out the investigation is not limited to taking proceedings through the Ehtesab Cell. Various provisions of the Act have to be read together and not in isolation thereof. By reading the Act as a whole it is quite evident that the Chief Ehtesab Commissioner enjoys the pivotal position under the Act and it is for him to decide whether or not any case deserves to be investigated into and then order…

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