Case Details

Citation(s)
2003 SLG 3486 2003 SLD 3486 2003 PCRLJ 56
Lahore High Court
Intra Court Appeal No. 319 in Writ Petition No. 9546 of 1995, decided on 20th March, 2002. Date of hearing: 20th March, 2002.
CH. IJAZ AHMAD, JUSTICE, SYED SAKHI HUSSAIN RUKHARI, JUSTICE
Malik Noor Muhammad Awan for Appellant. Nemo for
Respondents.

MUHAMMAD ASLAM --Appellant

VS

DEPUTY COMMISSIONER, SIALKOT AND 2 OTHERS --RespondentS

Law: Punjab Anti-Corruption Establishment Rules, 1985

Section: 5,6,7,8

Law: Constitution of Pakistan, 1973

Section: 13,199

Law: Law Reforms Ordinance, 1972

Section: 3

(a) Punjab Anti Corruption Establishment Rules, 1985 Rr. 5, 6, 7 & 8 Constitution of Pakistan (1973), Arts.13 & 199 ¬Law Reforms Ordinance (XII of 1972), S.3 Intra Court Appeal ¬Successive inquiries initiated against appellant were dropped =Direction of Authority to register case against appellant was challenged in Constitutional petition High Court dismissed Constitutional petition observing that investigation was always in the nature of an enquiry, and appellant had not alleged that Authority directing registration of case had in law no power to do so Validity Impugned order showed that matter was , still at a preliminary stage, thus, High Court had no jurisdiction to entertain Constitutional petition Intra Court Appeal was disposed of with directions to Investigating Officer to record counter¬ version of appellant and then proceed in the matter in accordance with law. Turaj Ahmad Khan v. D.I.G. Police PLD 1982 Lah. 464 and Anwar Ali Khan v. Wahid Bux 1991 SCMR 1608 ref. (b) Constitution of Pakistan (1973) Art. 199 Constitutional jurisdiction of High Court Scope ¬Investigating Agency, role of High Court has jurisdiction only to interpret the law, but has no jurisdiction whatsoever to take the role of an Investigating Agency. Zia ur Rehman's case PLD 1973 SC 49 ref. (c) Words and phrases -----"Prosecution " means judicial determination of the guilt or innocence of an accused. Naqibullah and another v. The State PLD 1978 SC 121; Muhammad Abbas v. The State PLD 1990 SC 642 and Ismail A. Rehman v. Muhammad Sadiq PLD 1990 Kar. 286 ref. (d) Criminal Procedure Code (V of 1898) - S. 156 Investigation Duty of Investigating Officer/Agency Not to investigate the matter in such a manner as to connect the accused with offence, but to proceed in a way as to bring the truth to surface to save innocent persons from agony of endless investigation and trial. THIS JUDGMENT DELIVERED BY: CH. IJAZ AHMAD, JUSTICE:---.--- The appellant filed W.P No. 9546 of 1995 with the following prayer: "It is, therefore, respectfully prayed that the order dated 22 6 1995, may kindly be declared as illegal, ultra vires, not binding upon the right of the petitioner, of no legal effect and…
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