| Case ID |
2ba2a4b8-270c-4f2f-98d3-0843fe353982 |
| Body |
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| Case Number |
Writ Petition No. 481-M of 2014 |
| Decision Date |
Nov 21, 2014 |
| Hearing Date |
|
| Decision |
The High Court dismissed the petition seeking to quash the FIR against the petitioners, ruling that the Anti-Corruption Establishment was functioning lawfully in the Tribal Areas. The court emphasized that the petitioners had an alternate remedy to raise objections during the trial and that the High Court could not interfere in the investigation process, which is a prerogative of the Anti-Corruption agency. The court also highlighted that the Anti-Corruption Establishment had the statutory right to investigate, and the petition lacked merit. |
| Summary |
This case revolves around a constitutional petition filed by petitioners challenging the legality of an FIR registered against them under various sections of the Penal Code and the Prevention of Corruption Act. The petitioners argued that the Anti-Corruption Establishment was operating without lawful authority in the Tribal Areas. The Peshawar High Court, however, upheld the legality of the Anti-Corruption Establishment's operations, reinforcing the notion that the judiciary should not interfere in the investigation processes led by this agency. Key laws discussed include the Penal Code sections related to cheating and forgery, and the Prevention of Corruption Act. The decision highlights the balance between individual rights and legal enforcement, making it a significant reference in corruption-related legal matters. Keywords: Anti-Corruption, FIR, Peshawar High Court, Penal Code, Prevention of Corruption Act, legal authority. |
| Court |
Peshawar High Court
|
| Entities Involved |
Anti-Corruption Establishment
|
| Judges |
ROOH-UL-AMIN KHAN,
MALIK MANZOOR HUSSAIN
|
| Lawyers |
Amjad Ali,
Sabir Shah,
Rahimullah
|
| Petitioners |
3 others,
ASAD ULLAH KHAN
|
| Respondents |
4 others,
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary
|
| Citations |
2015 SLD 2365 = 2015 PCRLJ 949
|
| Other Citations |
Ghulam Muhammad v. Muzammal Khan and 4 others PLD 1967 SC 317,
Marghoob Alam and another v. Shams Din and another 1986 SCMR 303,
Shehnaz Begum v. Hon'ble Judges of the High Court of Sindh and Balochistan PLD 1971 SC 677,
Brig. (R) Imtiaz Ahmad v. Government of Pakistan through Secretary 1994 SCMR 2142,
Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276
|
| Laws Involved |
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
Constitution of Pakistan
|
| Sections |
419,
420,
468,
471,
5(2),
4,
10,
199
|