Syed ASGHAR ALI SHAH vs Sh. LIAQAT ALI, SPECIAL JUDGE, ANTI-CORRUPTION, LAHORE and 2 others
This constitutional petition challenges the order dated 6-4-2006 passed by the Special Judge, Anti-Corruption, Lahore, whereby the trial court directed re-investigation of a criminal case by the Anti-Corruption Establishment instead of the local police at the fag end of the trial. The core legal question was whether an investigation conducted by ordinary police for an offence falling within the schedule of the relevant anti-corruption law is valid and warrants re-investigation. The Lahore High Court held that an investigation conducted by ordinary police in respect of offenses falling within the schedule of the West Pakistan Anti-Corruption Establishment Ordinance, 1961 is valid and proceedings cannot be vitiated on that ground alone. Consequently, the High Court set aside the impugned order for re-investigation, noting it was passed at the stage when prosecution evidence was complete and the matter was fixed for recording statements of the accused under section 342 of the Code of Criminal Procedure 1898, and directed the trial court to conclude the trial on merits.
- Whether an investigation conducted by the ordinary police for an offense falling within the schedule of the West Pakistan Anti-Corruption Establishment Ordinance, 1961 is valid?
- Can a trial court order re-investigation by the Anti-Corruption Establishment at the fag end of a trial when prosecution evidence has already been recorded?
- Does an investigation by local police instead of the Anti-Corruption Establishment render criminal proceedings liable to be quashed?
- Section 409, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
- Section 342, Code of Criminal Procedure 1898
ORDER
' WAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Petitioner is complainant of case F.I.R. No,419/98 dated 5- 9-1998 for the offence under section 409 P.P.C. Registered at Police Station North Cantt., Lahore.
During the trial it was brought to the notice of Special Judge, Anti-Corruption, Lahore that the investigation of this case was conducted by the local police and not by the Anti-Corruption Establishment and the learned trial Court A while keeping in view the said circumstances of this case vide order dated 6-4-2006 directed that the matter be reimestigated by the Anti-Corruption Establishment, Lahore and submit report under section 173, Cr.P.C. Through this constitutional petition legality of the said order has been challenged on the grounds that in case titled Shafaqat Hussain and another v. Malik Sarfraz and another (2000 PCr.L.J 1995), the Division Bench of this Court has already held that if the investigation is conducted by the ordinary police qua the offence falling within the Schedule of West Pakistan Anti Corruption Establishment Ordinance, 1961, the said investigation is valid one and proceedings cannot be quashed. Learned counsel representing the respondent while conceding to the proposition already settled by the Division Bench of this Court submits that the impugned order is not sustainable.
2. I have observed that the impugned order was passed at the fag end of the trial when the statements of the prosecution evidence had already been recorded and the matter was fixed for recording the statements of accused under section 342 Cr.P.C. Be that as it may, in the light of the decision by the Division Bench of this Court (supra), the impugned order is not sustainable, the same is set aside. Trial Court is directed to proceed with the matter and decide the same on merits as early as possible. Disposed of.