1999 PLP 1098 (SCMR)

SAIDUZZAMAN SIDDIQUI, J.

We propose to dispose of above mentioned two petitions for leave to appeal by a common order as the points of draw arising in the above petitions are identical.

2. Ehtesab References Nos.3 and 4 of 1997, respectively filed before the Ehtesab Bench of Peshawar High Court against the respondents in the above cases, were dismissed by the learned Ehtesab Bench on the ground that the Ehtesab References have to be dealt with and decided, in accordance with the provisions of Ehtesab Act 1997. The learned Ehtesab Bench, accordingly reached the conclusion that in view of the definition of "corruption and corrupt practices" given in section 3 of Ehtesab Act, no case is made out against the respondents. The learned Ehtesab Bench also reached the conclusion that as the alleged act of "corruption and corrupt practices' was not completed, therefore, for that reason too' the References were not competent.

3. In seeking leave to appeal, the learned Attorney-General contended that notwithstanding the enforcement of Ehtesab Act, 1997 question of "corruption and corrupt practice" is to be determined with reference to the date on which the offence was committed. It is also contended by the learned Attorney-General that the fact that the offence was not completed could not take away the offence of "corruption and corrupt practices" outside the purview of the Ehtesab Act. In support of his contention the learned Attorney-General has relied on two decisions in Ehtesab Reference No.3 of 1997 (The State v. Syed Abdullah Shah and another) decided by a Bench of 3 Members of the High Court of Sindh and Crl. Ref. Ehtesab No. 41 of 1998 (The State v. Mir Abdul Karim Nousherwani and two others) decided by two learned Judges of the High Court of Baluchistan at Quetta, wherein according to the learned Attorney-General, the view taken was contrary to the opinion expressed in these cases by the Ehtesab Bench of Peshawar High Court.

4. The grant of leave is opposed by the learned counsel for the caveator. However, after hearing the learned Attroney-General and the learned counsel for the caveator, we are of the view that the contentions raised by the learned Attorney-General are substantial questions of law of public importance and we, accordingly grant leave to appeal to consider the same.

5. The learned Attorney-General has also made a request that the above decision of Peshawar High Court is likely to affect many other Ehtesab References pending before that Court and therefore, an early decision be taken in the above cases. The request of the learned Attorney-General, which otherwise is proper, is not opposed by the .learned counsel for the caveator and we, accordingly further order that the above appeals be fixed for regular hearing in Court in the last week of April, 1998, The appeals be made ready on the present record with liberty to the parties to file such other documents which they may desire to file it. M.B.A./C-31/S Leave granted.