Law:

Section:

Ehtesab Act (IX of 1997)--S. 3---Constitution of Pakistan (1973), Art. 185 (3)---"Corruption and "corrupt practices"---Definition---Leave to appeal was granted by Supreme Court to examine contentions raising substantial questions of law of public importance viz. that notwithstanding the enforcement of Ehtesab Act, 1997 question of "corruption and corrupt pra9tices" was to be determined with reference to the date on which this offence was committed and that the fact that the offence was not completed could not take away the offence of "corruption and corrupt practices" outside the purview of Ehtesab Act, 1997. The State v. Syed Abdullah Shah and another Ehtesab Reference No.3 of 1997 and The State v. Mir Abdul Karim Nousherwani and 2 others Criminal Reference Ehtesab No. 1 of 1998. ref. ORDER SAIDUZZAMAN SIDDIQUI, J.---We propose to dispose of above­ mentioned two petitions for leave to appeal by a common order as the points of draw arising in the above petitions are identical. 2. Ehtesab References Nos.3 and 4 of 1997, respectively filed before the Ehtesab Bench of Peshawar High Court against the respondents in the above cases, were dismissed by the learned Ehtesab Bench on the ground that the Ehtesab References have to be dealt with and decided, in accordance with the provisions of Ehtesab Act 1997. The learned Ehtesab Bench, accordingly reached the conclusion that in view of the definition of "corruption and corrupt practices" given in section 3 of Ehtesab Act, no case is made out against the respondents. The learned Ehtesab Bench also reached the conclusion that as the alleged act of "corruption and corrupt practices' was not completed, therefore, for that reason too' the References were not competent. 3. In seeking leave to appeal, the learned Attorney-General contended that notwithstanding the enforcement of Ehtesab Act, 1997 question of "corruption and corrupt practice" is to be determined with reference to the date on which the offence was committed. It is also contended by the learned Attorney-General that the fact that the offence…

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