Kick backs case
LAHORE
Lahore High Court (LHC) has cancelled second FIR against co-accused in alleged Pervaiz Elahi kick backs case.
The court maintained FIR No 42 cannot be maintained as per law. It is cancelled.
Justice Amjid Rafiq issued the decision containing 3 pages. It has been said in the court decision the petitioner had requested on December 28, 2024 for cancellation of FIR No 42.
The new FIR which has been registered on the charges of bribe and commission in Gujarat to Lakhanwal purana GT road project is continuity of 2 cases which are already registered. Counsel for the petitioner told the court first FIR No 07 dated March 28, 2023 was registered in anti corruption Lahore and second FIR No 24/42 was registered in anti corruption headquarters Gujranwala.
According to counsel the same charges of commission and bribe have been leveled in both of the FIRs. Therefore, registering new FIR on same nature cases is illegal.
It was further said in the court decision that the petitioner has faced the proceedings before NAB on these allegations. Therefore, again the case on the same allegations is tantamount to double conviction.
The court observed the accused persons of the three FIRs are nearly same. However allegations have been divided in different parts.
The decision said all the offences related to one transaction should be included in one FIR in principle. If new evidence or persons come to open during the investigation then they can be included as accused or it is not possible to add more clauses.
The court maintained the stance of petitioners is correct legally. The present FIR is violation of set principles of Supreme Court. Therefore, FIR No 42 is cancelled.
The court directed if anti corruption establishment deems it proper then the respective allegations can be included in FIR legally which is already registered.
