Rana RIAZ AHMAD and others vs THE STATE
This criminal revision petition challenged the orders passed by the Special Judge, who had directed the remission of the case file to the Anti-Corruption Establishment for further investigation and subsequently postponed proceedings due to the pendency of a related petition before the High Court. The core legal question was whether the trial court acted correctly in remitting the matter for further investigation and staying proceedings despite the submission of a challan. The High Court, relying on established precedent, held that the investigation conducted by the local police is not subservient to, nor governed by, the subordinate legislation contained in the rules under the West Pakistan Anti-Corruption Establishment Ordinance, 1961, as such provisions are in addition to other laws. Consequently, the High Court allowed the petition, set aside the impugned orders of the Special Judge, and directed that the trial commence from the stage of framing the charge, as the challan had already been submitted before the court.
- Is the investigation conducted by local police subservient to the rules framed under the West Pakistan Anti-Corruption Establishment Ordinance, 1961?
- Can a trial court remit a case file to the Anti-Corruption Establishment for further investigation after the submission of a challan under section 173 of the Code of Criminal Procedure, 1898?
- Should a trial court postpone proceedings solely on the basis of the pendency of a related petition before the High Court?
- Section 173, Code of Criminal Procedure 1898
- Section 8, West Pakistan Anti-Corruption Establishment Ordinance 1961
ORDER
' SARDAR MUHAMMAD ASLAM, J.-The petitioner, through this petition, impugned the orders dated 8- 4-2006 and 8-7-2006 whereby the learned Special Judge directed remission of file to the Anti- Corruption Establishment, Sheikhupura for investigation according to law and then send a report under section 173, Cr.P.C. The case was adjourned to 3-6-2006. On 3-6-2006 he observed that the matter is pending in High Court at the instance of the petitioner; therefore, the proceedings be postponed. On 8-7-2006, he again recorded the order in the order sheet, that in view of pendency of petition before this Court, final judgment will not be announced and fixed- the case for framing of charge, which order is under challenge.
2. This Court in Criminal Revision No,311 of 2006 while placing reliance in Shafaqat Hussain and another v. Malik Sarfraz and another (2000 PCr.LJ 1995-DB), had held that the investigation conducted by the Local Police is neither subservient nor governed by subordinate legislation contained in the rules as section 8 of the West Pakistan Anti-Corruption Establishment Ordinance, 1961. The same is in addition to all other provisions of law. Reliance was placed on M. Abdul Latif's case (1981 SCM R 1101). In this view of the matter this petition is allowed, the impugned orders are set aside. Challan has been submitted in Court. Trial shall commence from the stage of framing of charge. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.