LAHORE
\nLahore High Court (LHC) has declared null and void the decision of justice of peace for holding inquiry again and registering case directly. Justice Abhar Gul Khan issued 8-page written decision on the petition of lady Asifa Bibi.
\nLHC remarked session courts are not empowered to issue order for registering cases directly related to anti corruption.
\nThe court nullified the trial court decision for ordering directly to anti corruption for registering case under the charges of preparing fake documents related to divorce.
\nIt was told in the decision that former husband of the petitioner filed application with Anti Corruption for registration of case against the petitioner and the union council personnel under the charges of preparing fake certificate of divorce.
\nAnti corruption did not register case on the application of former husband. Later the former husband filed petition in sessions court for registration of case.
\nIt was further told in the decision Justice of Peace has directed DG Anti Corruption to take action after holding inquiry.
\nThe former husband again resorted to justice of peace on non registration of case by DG Anti corruption. Under the order of court Anti Corruption department presented report that the case cannot be registered.
\nJustice of Peace ordered DG Anti Corruption to hold inquiry again and register case while according to petitioner Justice of Peace is not empowered to reopen inquiry after the decision is implemented once. The petitioner requested that the order issued by justice of peace for re-opening inquiry and registering case is illegal.
\nIt was further said in the written decision giving direction for re-holding inquiry is interference in the legal jurisdiction of Anti Corruption establishment as per rules. If inquiry is completed once on the order of justice of peace then there are no powers to reopen it.
\nSessions court can only give direction to anti corruption authorities to initiate inquiry against the accused persons and it wields no powers to register FIR against the accused directly.
\nUnder Anti Corruption Establishment rules the concerned authority should end the investigation where allegations are not proved. As per record Additional Sessions judge said if investigation officer has shown negligence then departmental action be taken against him.
\nOn the other hand as per law the Additional Sessions Judge has no powers to give directions against the government employees under corruption charges.
\nThis power rests with Punjab Anti Corruption Establishment only under specific laws.<\/p>\n","protected":false},"excerpt":{"rendered":"
LAHORE Lahore High Court (LHC) has declared null and void the decision of justice of peace for holding inquiry again and registering case directly. Justice Abhar Gul Khan issued 8-page written decision on the petition of lady Asifa Bibi. LHC remarked session courts are not empowered to issue order for registering cases directly related to […]<\/p>\n","protected":false},"author":2,"featured_media":463752,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[4],"tags":[],"class_list":{"0":"post-541178","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national"},"yoast_head":"\n