| Case ID |
eaa371d9-5a91-4c04-85a8-92ae6c16777e |
| Body |
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| Case Number |
Writ Petition No. 8650-B of 2009 |
| Decision Date |
Dec 01, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the Nida-e-Millat, Citizen Community Board, Multan, seeking quashment of FIR No. 26 dated 18-7-2009. The petitioner contended that the Community Board is a juristic person and not a public servant, and thus the investigation initiated against its functionaries under Anti-Corruption Laws was beyond jurisdiction. However, the court held that the individuals associated with the Community Board, funded by the government for public purposes, are deemed public servants under the law. The court emphasized that the use of public funds for civic development projects obligates accountability, and misappropriation of such funds could lead to prosecution under Anti-Corruption Laws. The petition was dismissed as the relief sought could not be granted in the absence of a proper petition by the functionaries themselves. |
| Summary |
In the case of Nida-e-Millat, Citizen Community Board, Multan vs. Director, Anti-Corruption Establishment, Multan Region, the Lahore High Court addressed the constitutional validity of the FIR against the Community Board's functionaries. The petitioner argued that the Board, constituted under the Punjab Local Government Ordinance, 2001, is a juristic entity not defined as a public servant. The court analyzed the definitions of public servants under various laws, including the Prevention of Corruption Act, and clarified that individuals utilizing government funds for public projects are considered public servants. The court's ruling reinforced the accountability of such entities in handling public funds, emphasizing that misappropriation can lead to legal consequences. This decision is significant in understanding the legal framework governing community boards and their functionaries, particularly concerning public accountability and anti-corruption measures. |
| Court |
Lahore High Court
|
| Entities Involved |
Anti-Corruption Establishment,
Nida-e-Millat, Citizen Community Board, Multan
|
| Judges |
Tariq Javaid, Justice
|
| Lawyers |
Muhammad Suleman Bhatti,
Mubashar Latif Gill
|
| Petitioners |
Nida-e-Millat, Citizen Community Board, Multan
|
| Respondents |
Mubashar Latif Gill, A.A.G.,
Muhammad Azam Arshad, Assistant Director, Audit, Multan,
Hassan Roza, Circle Officer, A.C.E., Multan,
Muhammad Afzal, E.D.O. (CD), Khanewal,
Mehr Allah Ditta, District Officer, Water Management, Khanewal,
Director, Anti-Corruption Establishment, Multan Region, Multan
|
| Citations |
2010 SLD 1573,
2010 YLR 643
|
| Other Citations |
1981 SCMR 1112
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860,
Punjab Local Govt, Ordinance, 2001,
Prevention of Corruption Act, 1947
|
| Sections |
199,
409,
98,
5(2)
|