| Case ID |
201b2a0a-e54f-41c6-a74e-729ff5d39459 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2872-P of 2016 |
| Decision Date |
Feb 06, 2018 |
| Hearing Date |
|
| Decision |
The court dismissed the petition filed by Amjad Pervez, which challenged the call up notice issued by the Khyber Pakhtunkhwa Ehtesab Commission. The court found that the Ehtesab Commission was not restricted by any law to investigate matters not pending with any federal agency. The court determined that the inquiry initiated against the petitioner was valid and that the provisions of law cited by the petitioner were not applicable to his case. The court concluded that the Ehtesab Commission had the jurisdiction to investigate the allegations against the petitioner despite the closure of a previous inquiry by the National Accountability Bureau (NAB). |
| Summary |
In the case of Amjad Pervez vs Khyber Pakhtunkhwa Ehtesab Commission, the petitioner challenged the validity of a call up notice issued by the Ehtesab Commission under the Khyber Pakhtunkhwa Ehtesab Commission Act, 2014. The petitioner claimed that the allegations had already been investigated by the NAB, which resulted in the closure of the case. The court, however, ruled that the Ehtesab Commission was entitled to initiate its own inquiry into the same allegations, asserting that the provisions of law cited by the petitioner did not prevent such an investigation. The court reviewed the relevant sections of both the Khyber Pakhtunkhwa Ehtesab Commission Act and the National Accountability Ordinance, concluding that the Ehtesab Commission's jurisdiction was not limited by the previous investigation by NAB. The ruling emphasized the independence of the Ehtesab Commission in probing allegations of financial misconduct, thereby reinforcing its authority to investigate matters without interference from federal agencies. This decision is significant for understanding the scope of jurisdiction and authority of anti-corruption bodies in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
National Accountability Bureau,
Khyber Pakhtunkhwa Ehtesab Commission
|
| Judges |
IKRAMULLAH KHAN,
MUHAMMAD GHAZANFAR KHAN
|
| Lawyers |
Qaisar Ali,
Ghulam Nabi,
Zahid Aman, D.P.G.
|
| Petitioners |
Amjad Pervez
|
| Respondents |
KHYBER PAKHTUNKHWA EHTESAB COMMISSION THROUGH DIRECTOR-GENERAL AND 7 OTHERS
|
| Citations |
2018 SLD 1427,
2018 PCRLJ 964
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Ehtesab Commission Act, (I of 2014),
National Accountability Ordinance, 1999
|
| Sections |
13(b),
35,
18(c)
|