| Case ID |
215e8428-8ba1-417c-aa5c-2b26515787e8 |
| Body |
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| Case Number |
Review Petition No. 261 of 2018 in Writ Petition N |
| Decision Date |
Sep 28, 2022 |
| Hearing Date |
Sep 28, 2022 |
| Decision |
The court ruled that the notice issued by the Khyber Pakhtunkhwa Anti-Corruption Establishment for the deposit of the embezzled amount was not in accordance with the law and therefore set aside the notice. The court emphasized that the issuance of such a notice was neither provided for in the Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999, nor did it absolve the accused of criminal liability. The petitioners were advised that they could still be proceeded against in accordance with the law, and the review petition was disposed of accordingly. |
| Summary |
In the case of Review Petition No. 261 of 2018, the Peshawar High Court addressed the legality of a notice issued by the Khyber Pakhtunkhwa Anti-Corruption Establishment. The petitioners challenged the notice that required them to deposit an embezzled amount. The court found that the notice was issued without any lawful basis as per the Anti-Corruption Establishment Rules, which do not mandate such a notice prior to a preliminary inquiry. This ruling underscores the importance of adhering to procedural regulations when investigating public servants. The decision highlights the court's role in upholding legal standards and protecting individuals from unlawful demands, reinforcing the principle that procedural errors cannot absolve criminal liability. Keywords: Peshawar High Court, review petition, Khyber Pakhtunkhwa Anti-Corruption, legal standards, procedural regulations. |
| Court |
Peshawar High Court
|
| Entities Involved |
Khyber Pakhtunkhwa Anti-Corruption Establishment
|
| Judges |
MUSARRAT HILALI,
IJAZ ANWAR
|
| Lawyers |
Muhammad Farooq Afridi,
Malik Akhter Hussain Awan
|
| Petitioners |
others,
Dr. JEHANZEB
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA
|
| Citations |
2023 SLD 420 = 2023 PLC 297
|
| Other Citations |
PLD 2007 SC 121,
PLD 1962 SC 355
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999
|
| Sections |
1,
114,
O. XLVII, R. 1,
199,
3,
4,
5,
8
|