| Citation(s) |
|---|
| 1997 SLG 477 1997 SLD 477 1997 PLD 563 |
Lahore High Court
Ehtesab Reference No. 3 of 199? , heard on 22nd April, 1997.dates of hearing: 9th, 11th, 14th, 16th, 21st and 22ndApril, 1997
IHSAN-UL-HAQ CHAUDHRY AND ABDUL HAFEEZ CHEEMA, JJ
Mian Nusrat Ullah, Special Prosecutor for the State. Ch. Mushtaq Ahmad for
Respondent. Raja Muhammad Anwar Hashmi, Sabir Raja, Irfan Ahmad Saeed, Raja. Shafqat Alvi and Miss Mohsin Anwar Raja for
Respondent
Ehtesab Reference No. 3 of 199? , heard on 22nd April, 1997.dates of hearing: 9th, 11th, 14th, 16th, 21st and 22ndApril, 1997
IHSAN-UL-HAQ CHAUDHRY AND ABDUL HAFEEZ CHEEMA, JJ
Mian Nusrat Ullah, Special Prosecutor for the State. Ch. Mushtaq Ahmad for
Respondent. Raja Muhammad Anwar Hashmi, Sabir Raja, Irfan Ahmad Saeed, Raja. Shafqat Alvi and Miss Mohsin Anwar Raja for
Respondent
THE STATEComplainant/ervsSHAFI M. SEHWANI and another--Respondents
Law:
Section:
(a) Ehtesab Ordinance (XX of 1997) -- S. 3(l)(d)---Corruption and corrupt practices ---Word "seek" s used in S.3(1)(d), Ehtesab Ordinance, 1997 has wider the net of the law to cover all sort of misconduct resulting in gain of property, valuable thing, pecuniary advantage and undue favour. Chambers' 20th Century Dictionary and Funk & Wagnalls New Standard Dictionary of the English Language ref. (b) Ehtesab Ordinance (XX of 1997)--- ----S. 3(1)(d)---Corruption and corrupt practices---Allegations that one accused (public servant) improperly, dishonestly and illegally allowed pecuniary benefit to the tune of rupees over eighteen lacs by showing the other (beneficiary citizen) undue favour and in that way caused a loss to exchequer, was covered fairly and squarely by S.3(1)(d) of the Ehtesab Ordinance, 1997. Muhammad Ashraf v. The Crown PLD 1956 FC 27 ref. (e) General Clauses Act (X of 1897)--- ----S. 24---If any Central Act is repealed and re-enacted then, unless otherwise provided, any appropriate notification, order, scheme, rule, forum shall continue in force unless same are inconsistent with the new enactment. (d) Ehtesab Ordinance (XX of 1997)--- ----S. 4(2)---Punishment for corrupt practices---Citizen who secures benefit illegally or an undue favour, cannot escape the liability under Ehtesab Ordinance, 1997---Both citizens and public servants are equally liable---Plea of senior civil servant that he was misled by his subordinate, is no defence---Duty of the Government is to ensure that the top administrative positions were occupied by the officers who were efficient and believed that they were to serve the citizens and not those whose only qualification was access to power corridors. The accused are equally liable. A citizen who secures any benefit illegally or an undue favour cannot escape the liability under the Ehtesab Ordinance. A bolder of a public office or any other person, who obtains or seeks to obtain such a gain for himself is equally, guilty and in accordance with Section 4(2) a person giving illegal gratification or abetting, assisting or aiding a holder of a public office is liable to the same punishment as is awarded to a holder of public…
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