| Case ID |
ffc6482b-8bb4-47da-b189-31036a3412ce |
| Body |
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| Case Number |
Writ Petition No. 4543 of 2008 |
| Decision Date |
Sep 05, 2008 |
| Hearing Date |
Sep 05, 2008 |
| Decision |
The order of re-investigation by the Director-General, Anti-Corruption Establishment, Punjab, Lahore was declared illegal, without jurisdiction and of no legal effect. The Director General's decision to reopen the investigation was not sustainable in the eyes of law as it conflicted with his earlier decision where judicial action had been approved. The petition was allowed, and the impugned order was set aside. |
| Summary |
This case involves a constitutional petition filed by Liaquat Ali against the Director General of the Anti-Corruption Establishment, Punjab, Lahore, and others. The petitioner challenged the legality of the Director General's order to reopen an investigation that had already been concluded in his favor. Under Rule 19 of the Punjab Anti-Corruption Establishment Rules, 1985, the Governor, Chief Secretary, and Director have the authority to call for the record of any pending investigation. However, in this case, no such order was passed by the Governor or Chief Secretary. The Director General's decision to reopen the investigation conflicted with his previous order approving judicial action against the accused. The Lahore High Court ruled that the Director General had no legal justification to sit in appeal against his own order. The court allowed the petition, declaring the impugned order illegal and without jurisdiction. This judgment emphasizes the importance of adhering to procedural rules and the limits of administrative authority in anti-corruption cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Anti-Corruption Establishment, Punjab,
Revenue officials,
Amir Masood, Tehsildar, Sahiwal
|
| Judges |
KAZIM ALI MALIK, JUSTICE
|
| Lawyers |
Muhammad Ramzan Khalid Joya,
Mian Abbas Ahmad, Addl. A.G.
|
| Petitioners |
LIAQUAT ALI
|
| Respondents |
DIRECTOR GENERAL ANTICORRUPTION ESTABLISHMENT PUNJAB, LAHORE AND 7 OTHERS
|
| Citations |
2009 SLD 777,
2009 MLD 337
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Anti-Corruption Establishment Rules, 1985,
Prevention of Corruption Act, 1947,
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
R.19,
5,
199,
420,
467,
468,
471
|