| Case ID |
387d73a3-ca00-4677-9fd2-782a33f637f3 |
| Body |
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| Case Number |
Civil Appeals Nos.556, 1079 and 1080 of 1995 |
| Decision Date |
Jan 31, 1996 |
| Hearing Date |
Nov 22, 1995 |
| Decision |
The Supreme Court of Pakistan, upon reviewing the appeals, found that the inquiries initiated by the Anti-Corruption Department against the officials of the Cooperative Society were valid and not barred by the Cooperative Societies Act. The Court emphasized that ordinary Courts retain jurisdiction to take cognizance of offences punishable by laws other than the Cooperative Societies Act. The Court set aside the High Court's order that had stayed the investigation, allowing the Anti-Corruption Department to proceed with its inquiries into the allegations of misappropriation against the respondent, Syed Mudassar Shah. The decision clarified the interplay between the Cooperative Societies Act and the jurisdiction of the Courts in matters involving alleged criminal conduct by office-bearers of cooperatives, reinforcing that the jurisdiction of the Courts is not ousted unless specific conditions are met. |
| Summary |
This case highlights the jurisdictional nuances between the Cooperative Societies Act and the powers of the Anti-Corruption Department in investigating allegations against officials of cooperative societies. The Supreme Court ruled that while the Cooperative Societies Act provides specific governance for internal disputes, it does not preclude criminal inquiries into misconduct by officials. The Court's decision emphasizes the importance of maintaining accountability within cooperative societies and clarifies that allegations of criminality must be addressed by the appropriate legal authorities. This case is significant for legal practitioners and scholars, as it sets a precedent for how cooperative society regulations interact with criminal law and the jurisdiction of the courts in Pakistan. Keywords: Cooperative Societies Act, Anti-Corruption, Supreme Court of Pakistan, legal jurisdiction, accountability in cooperatives. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Anti-Corruption Department,
Domel Devli Forest Production and Multi Purposes Cooperative Society Limited
|
| Judges |
Saiduzzaman Siddiqui,
Sh. Riaz Ahmad,
Mukhtar Ahmad Junejo
|
| Lawyers |
Muhammad Nawaz Abbasi,
Raja Abdul Ghafoor,
Mirza Anwar Baig,
Ch. Akhtar Ali,
Tasleem Hussain,
M.A. Qayyum Mazhir
|
| Petitioners |
Mian Khan
|
| Respondents |
Ghulam Mustafa,
Syed Mudassar Shah,
D.F.O. Hashim Ali
|
| Citations |
1996 SLD 1201,
1996 SCMR 654
|
| Other Citations |
Sindh Cooperative Housing Society v. Superintendent of Police 1989 ALD 519(2),
Mubarik Hussain Siddiqui v. Sajjad Hassan Khan and others PLD 1992 Kar.167,
Muhammad Afzal Khan v. Shahid Hussain and others 1988 PCr.LJ 655
|
| Laws Involved |
Cooperative Societies Act (VII of 1925),
Constitution of Pakistan (1973)
|
| Sections |
70-A,
63,
60,
61,
62
|