| Case ID |
0400c7b9-7101-408b-b1fa-4b4bbed73ae7 |
| Body |
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| Case Number |
Criminal Bail Application No. 1351 of 2002 |
| Decision Date |
Aug 07, 2003 |
| Hearing Date |
|
| Decision |
The court maintained the order passed by the Special Judge, Anti-Corruption which rejected the bail application of the accused on grounds of jurisdiction. The court found that the accused, being a Controller of Examinations at the University of Karachi, was not a public servant as defined under the relevant laws. The accused was advised to approach the appropriate court for further relief, and the granted pre-arrest bail was extended for fifteen days to allow him to do so. The decision aligns with previous case law which clarifies the definition of 'public servant' in relation to employees of corporations established by the government. |
| Summary |
This case revolves around the application for pre-arrest bail filed by Syed JAMALUDDIN, who was a Controller of Examinations at the University of Karachi, under charges of sections 420, 409, and 506-B of the Penal Code as well as violations under the Prevention of Corruption Act. The main legal question was whether the applicant qualified as a 'public servant' under the law. The court analyzed the definitions provided in the relevant laws and concluded that the applicant was not a public servant because the University of Karachi, although a corporation, was established by the Provincial Government, not the Central Government. Therefore, the functions performed by the applicant were on behalf of the University and not the Government. This ruling highlights the legal distinctions between public servants and employees of corporations, particularly in the context of anti-corruption legislation. The case references previous rulings that clarify these definitions and the jurisdiction of anti-corruption courts. The decision ultimately maintained the rejection of the bail application and advised the applicant to seek relief from the appropriate court. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
University of Karachi
|
| Judges |
GULZAR AHMED, J
|
| Lawyers |
Mehmood Habibullah,
Arshad Lodhi
|
| Petitioners |
Syed JAMALUDDIN
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2719,
2004 PLD 109
|
| Other Citations |
Anwar Aziz Choudhry v. The State 1991 SCMR 994,
Advocate-General and Ex-Officio Public Prosecutor v. Qazalbash 1984 PCr.LJ 1769
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947)
|
| Sections |
498,
420,
409,
506-B,
21,
2
|