| Case ID |
37623784-60a3-4d33-bb66-4c8cddca23f2 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Jul 01, 1985 |
| Hearing Date |
Jul 01, 1985 |
| Decision |
The Supreme Court granted leave to consider the contention raised by the petitioner regarding the appropriate authority for sanctioning prosecution. The court noted the argument that the petitioner was an employee of the Central Government, yet the Provincial Government had granted sanction for prosecution. The court decided that the matter needed further examination, especially concerning the notification that purportedly changed the status of the Settlement Department. As the required documentation was not provided, the court adjourned the matter to allow for the necessary research and documentation. The court also ordered security for costs in the sum of Rs. 1,000. |
| Summary |
In this landmark case, the Supreme Court of Pakistan dealt with the complexities surrounding the prosecution of a government employee under the Prevention of Corruption Act. The petitioner, Muhammad Aslam, a clerk in the Settlement Department, was convicted and sentenced, leading to an appeal that raised critical questions about the authority that granted sanction for his prosecution. The case emphasized the importance of jurisdictional clarity and the necessity for proper legal procedures when dealing with public servants. The procedural nuances surrounding the transition of the Settlement Department from a Central to a Provincial entity were scrutinized, highlighting the intersection of administrative law and criminal justice. This case serves as a crucial reference point for future legal interpretations concerning the appropriate governmental authority in sanctioning prosecutions of public officials. Keywords: Supreme Court, Prevention of Corruption Act, legal procedures, government employee prosecution, jurisdictional authority. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH
|
| Lawyers |
Ch. Muhammad Bakhsh,
Rana Maqbool Ahmad Qadri,
Shahzad Jahangir,
Khalil Ramdey
|
| Petitioners |
MUHAMMAD ASLAM
|
| Respondents |
THE STATE
|
| Citations |
1986 SLD 445,
1986 SCMR 369
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Prevention of Corruption Act (II of 1947),
Pakistan Criminal Law Amendment Act (XL of 1958)
|
| Sections |
5(2),
6(5)
|