| Case ID |
1b66af83-17cf-4267-9992-ac023e753af4 |
| Body |
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| Case Number |
W.P. No. 43868 of 2022 |
| Decision Date |
Jul 15, 2022 |
| Hearing Date |
Jul 15, 2022 |
| Decision |
The petition was allowed due to the lack of a speaking order from the Director General of the Anti-Corruption Establishment, which failed to provide reasons for the transfer of investigation. The court emphasized that an order without reasons cannot withstand judicial scrutiny. The Director General acknowledged that no Joint Investigation Team was constituted and agreed to issue a fresh order with clear reasons. The findings during the investigative process are not binding on any court, and the DG is not required to hear the complainant or accused before changing the investigation. |
| Summary |
This case revolves around the powers of the Director General of the Anti-Corruption Establishment in Pakistan, specifically concerning the transfer of investigations and the establishment of Joint Investigation Teams (JITs). The Lahore High Court ruled on the constitutional petition filed by Nisar Ahmad Afzal, challenging the order made by the DG regarding the change in the investigation team assigned to the case under FIR No. 13/22. The court found that the DG's order lacked the necessary reasoning, rendering it indefensible under judicial review. The court clarified that while the DG has the authority to direct investigations, he must provide cogent reasons for any changes, especially when a JIT is not explicitly authorized by statute. The ruling reinforces the principle that transparency and accountability are essential in administrative decisions related to investigations, thereby promoting fair legal processes. This case is significant for understanding the framework of anti-corruption investigations in Pakistan and the legal requirements for procedural fairness. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Shan Gul, J.
|
| Lawyers |
Mr. Imran Sulehria,
Mr. Waheed Ashraf Bhatti,
Mr. Mohammad Osman Khan, AAG,
Ms. Sumaira Hussain, AAG,
Barrister Bushra Saqib,
Obaid Ullah
|
| Petitioners |
Nisar Ahmad Afzal
|
| Respondents |
D.G. Anti-Corruption,
Rana Abdul Jabbar
|
| Citations |
2023 SLD 7038,
2023 PLJ 22
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Anti-Corruption Establishment Rules, 2014,
Constitution of Pakistan, 1973
|
| Sections |
15(2),
184(3),
199
|