| Citation(s) |
|---|
| 1997 SLG 494 1997 SLD 494 1997 PLD 692 |
Lahore High Court
Writ Petition No. 5809 of 1997, decided on 30th July, 1997.DATE of hearing: 1st July, 1997
MUHAMMAD NASIM CHAUDHRI, J
Abid Saqi for Petitioner. Abbas Mirza, Asstt. A.G. for the State
Writ Petition No. 5809 of 1997, decided on 30th July, 1997.DATE of hearing: 1st July, 1997
MUHAMMAD NASIM CHAUDHRI, J
Abid Saqi for Petitioner. Abbas Mirza, Asstt. A.G. for the State
MUHAMMAD SHARIFvsSTATION HOUSE OFFICER, POLICE STATION CITY, HAFIZABAD and another
Law:
Section:
(a) Administration of justice--- ----Principle---When law prescribes a particular manner and procedure in which things are required to be done, the same must be done in that way or not at all. (b) Constitution of Pakistan (1973)--- ----Arts. 4 & 25(1)---Term "law" given in Arts. 4 & 25(1) of the Constitution legally and technically means the General Law of the land, Special Laws, Rules and Regulations vis-a-vis a citizen. (c) Interpretation of statutes--- ---- General Law, substantive or procedural, is superseded by the Special Law of the same category. (d) Punjab Anti-Corruption Establishment Rules, 1985-- ----Rr. 3 to 17---Effect---Texture about initiation of the anti-corruption cases stands altered with the introduction of the Punjab Anti-Corruption Establishment Rules, 1985 whereby the substantive law towards the registration of the case has been changed with respect to the scheduled offences mentioned in all the relevant laws, while the guidance with respect to the procedure to be adopted in holding of investigation, submission of challan and holding of trial has to be obtained from the Code of Criminal Procedure and no derogation thereof can be made. (e) West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961)--- ----S. 3---Constitution and powers of Anti-Corruption Establishment---Inquiry and investigation against public servants---Local police in the Anti-Corruption Establishment does not figure anywhere and the inquiry and investigation have to revolve around the fountain of the Anti-Corruption Establishment in matters of allegation of corruption against public servants. (f) Criminal Procedure Code (V of 1898)--- ----S. 190---Complaint by a person from public against a public servant-Procedure detailed. (g) Prevention of Corruption Act (II of 1947)--- ----S. 5---Penal Code (XLV of 1860), Ss. 161 & 452---West Pakistan AntiCorruption Establishment Ordinance (XX of 1961), S.3---Punjab AntiCorruption Establishment Rules, 1985, Rr. 3 to 17---Constitution of Pakistan (1973), Art.199---Constitutional petitions---Quashing of F.I.Rs.---Cases with respect to the alleged anti-corruption offences could be registered against public servant…
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