| Case ID |
3cb9edff-52c7-4a4b-8274-31e4ac380557 |
| Body |
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| Case Number |
Writ Petition No. 2379 of 2017 |
| Decision Date |
Dec 28, 2022 |
| Hearing Date |
Dec 06, 2022 |
| Decision |
The Islamabad High Court quashed the FIR registered against the Pakistan Engineering Council by the Federal Investigation Agency regarding the renewal and upgradation of licenses based on alleged fake documents. The court held that the allegations fell under the jurisdiction of the Pakistan Engineering Council Act, 1976, which explicitly bars other courts from taking cognizance of such matters without a complaint from the Council itself. The High Court emphasized that the Council is the competent authority to investigate these allegations and should proceed in accordance with the law. The court found the registration of the FIR to be an abuse of process and declared it illegal, directing the Engineering Council to consider the allegations mentioned in the complaint. |
| Summary |
In the case of Pakistan Engineering Council vs. Federal Investigation Agency, the Islamabad High Court dealt with the jurisdictional issues surrounding the registration of an FIR against the Pakistan Engineering Council for alleged misconduct in the renewal of licenses. The court found that the Pakistan Engineering Council Act, 1976, provides a specific framework for handling such allegations, which excludes the jurisdiction of other courts unless a formal complaint is filed by the Council. The decision underscores the importance of statutory regulations governing professional conduct in the engineering sector and affirms the autonomy of the Pakistan Engineering Council in managing its affairs. The ruling reinforces the principle that legislative frameworks should be respected to maintain regulatory integrity and prevent jurisdictional overreach by other investigative bodies. This case highlights the interplay between statutory law and administrative authority, emphasizing the need for proper legal procedures in addressing allegations of corruption and misconduct within professional regulatory bodies. |
| Court |
Islamabad High Court
|
| Entities Involved |
Federal Investigation Agency,
Pakistan Engineering Council
|
| Judges |
Arbab Muhammad Tahir
|
| Lawyers |
Zahid Asif Chaudhry,
Ms. Zainab Junjua,
Khalid Mehmood Dhoon,
Rizwan Mehdi,
Danish Sarfraz
|
| Petitioners |
PAKISTAN ENGINEERING COUNCIL through Chairman and 3 others
|
| Respondents |
FEDERAL INVESTIGATION AGENCY through Director General and 10 others
|
| Citations |
2023 SLD 2196,
2023 MLD 1945
|
| Other Citations |
Bahawalpur Medical and Dental College v. Pakistan Medical Commission through Secretary and others 2022 CLC 775,
Dr. Omar Masood and another v. Syed Amir Hussain Naqvi and another 2019 CLD 931,
Ali Azim Afridi, Advocate High Court, Peshawar v. Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and 3 others PLD 2020 Pesh. 105
|
| Laws Involved |
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
Pakistan Engineering Council Act, 1975 (V of 1976),
Constitution of Pakistan
|
| Sections |
409,
420,
467,
468,
471,
5(2),
27,
199
|