| Case ID |
2e3ca158-97f5-4477-84a7-9210ca92cc30 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 139/Q of 1979 |
| Decision Date |
Feb 17, 1980 |
| Hearing Date |
Feb 17, 1980 |
| Decision |
The Lahore High Court quashed the proceedings against the petitioners, who were employees of the Punjab Agricultural Development and Supplies Corporation. The court found that the petitioners did not qualify as 'public servants' under the relevant laws, and thus the Courts of Special Judge set up under the Pakistan Criminal Law (Amendment) Act, 1958 lacked jurisdiction to try their cases. The court emphasized that the Corporation operates independently from the Provincial Government, and the employees' duties do not constitute public duties as defined by law. The court's ruling allows for potential prosecution in competent courts but invalidates the current proceedings. |
| Summary |
In the Lahore High Court case of Criminal Miscellaneous No. 139/Q of 1979, the court addressed the legal status of employees of the Punjab Agricultural Development and Supplies Corporation in relation to the definition of 'public servant' under the Pakistan Penal Code and other relevant laws. The court examined the nature of the Corporation as a statutory body, distinct from the Provincial Government, and concluded that its employees, including the petitioners, do not meet the criteria for public servants. This determination was crucial in quashing the proceedings initiated against the petitioners for alleged corruption and misappropriation. The ruling clarified the jurisdictional limits of special courts established under the Pakistan Criminal Law (Amendment) Act, 1958, asserting that such courts could not try individuals not classified as public servants. The judgment holds significant implications for the interpretation of public service and the legal accountability of employees within statutory corporations, emphasizing the need for clear distinctions between public and private duties in the context of legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Agricultural Development and Supplies Corporation
|
| Judges |
SAAD SAOOD, JAN, J
|
| Lawyers |
Muhammad Asghar Malik,
Khalil Ramdey, A. A.G.,
Ch. Ismatullah
|
| Petitioners |
IKRAM ALIer
|
| Respondents |
THE STATE,
|
| Citations |
1980 SLD 657,
1980 PLD 597
|
| Other Citations |
Reg v. Ramajirav Jivbajirav 12 Born. H C R 1,
Ahad Shah v. Emperor A I R 1918 Lah. 152,
G. A. Monterio v. State of Ajmer P L D 1957 S C (Ind.) 170,
Zabte Khan v. State P I. D 1972 Lah. 196
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Pakistan Criminal Law Amendment Act (XL of 1958),
Punjab Agricultural Development and Supplies Corporation Act (XXI of 1973)
|
| Sections |
561-A,
21,
2, cl. (b),
3(2),
11
|