TAJAMMAL HUSSAIN vs THE STATE and others
This matter arises from a petition for leave to appeal filed by Tajammal Hussain, Chairman and Managing Director of the Bank of Punjab, challenging orders of the Sindh High Court which set aside the dismissal of a private complaint against him and remanded the case to the trial Court. The core legal question concerns whether a private complaint is maintainable against the petitioner on identical allegations where the Lahore High Court previously held him immune from prosecution under section 18 of the Banks (Nationalization) Act, 1974, after finding he acted in good faith in the performance of his functions and after challans were withdrawn by the Federal Government. The Supreme Court granted leave to appeal to consider the maintainability of the private complaint in light of the statutory indemnity and previous high court judgment, while ordering the interim stay of proceedings before the trial Court to continue pending the disposal of the appeal.
- Whether a private complaint on identical allegations is maintainable against a bank official who has been granted statutory indemnity under the Banks (Nationalization) Act, 1974?
- Does a judgment holding that an official acted in good faith in the performance of functions entitle them to immunity from prosecution?
- Whether proceedings in a private complaint should remain stayed pending appeal when a high court has previously found the accused immune from prosecution?
- Section 18, Banks (Nationalization) Act, 1974
ORDER
1. ' MANZOOR HUSSAIN SIAL, J.---Tajammal Hussain, Chairman, Managing Director, of the Bank of Punjab, petitioner herein seeks leave to appeal against orders dated 12-4-1993 and 11-12-1993, passed by Division Bench of the Sindh High Court whereby the order dismissing a private complaint lodged by respondent No,2 against the petitioner was set aside in Criminal Revision No,71 of 1992 and the case was remanded to the trial Court for further proceedings in the matter. 'b Learned counsel for petitioner contends that on identical allegations a Division Bench of the Lahore High Court, vide judgment dated 26-10-1992, held the petitioner, immune from prosecution as envisaged under section 18 of Banks (Nationalization) Act, 1974, after the Federal Government had withdrawn the challahs filed against him.
2. Leave to appeal is granted, in this case, to consider, inter alia, whether the judgment dated 26-10- 1992, of the Lahore High Court, wherein it was held that the petitioner had acted in good faith in the performance of his functions entitled him to statutory indemnity as contemplated under section 18 of the Banks (Nationalization) Act, 1974, the complaint lodged by a private person on the same allegations was maintainable.
3. ' Interim stay of proceedings before the trial Court to continue, pending disposal of the appeal. 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.