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Petitioner: MUHAMMAD ABBAS VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq, Muhammad Gul Title: MUHAMMAD ABBAS vs The STATE Case No.: Criminal Review Petition No. K-1 of 1974 Criminal Petition No. K-81 of 1973 Date of Judgment:1975-08-12 Reported As: 1977 SCMR 482 Result: Order accordingly
Judgment ORDER HAMOODUR RAHMAN, C. J.-This is a petition for the review of an order of this Court passed on the 25th January 1974, dismissing a petition for special leave to appeal, being Criminal Petition No. K-81 of 1913. One of the questions which arose for consideration in this case was as to whether the Special Judge-cum-Enquiry officer, Anti-Corruption, could take cognizance of the case against the petitioner under section 161, P. P. C, read with subsection (2) of section 5 of the Prevention of Corruption Act, 1947, without a proper sanction, This Court, relying on a Full Court decision in the case of Nazir Hussain Shah v. State (PLD1965SC138) took the view that the bar to the prosecution contained in subsection (5) of sect ion 6 of the Criminal Law (Amendment) Act applied only to those persons who were public servants at the time when the Court took cognizance of the offence and not to persons who) only at the time of the alleged commission of the offence, were such public servants. This view was reiterated also in the case of Ataur Rehman v. State (PLD1967SC23) bait a contrary view, it appears, has since been taken in Abdul Fateh v. State (1972SCMR239) and again, it appears that this Court has granted leave to appeal, in Criminal Petitions Nos. K-32 and K-35 of 1973 to reconsider this veer' question. Review is, accordingly, sought for reconsideration of the order of this Court dated the 25th January 1974. It appears to us that since there is some conflict in this Court on this question, the appropriate order to make at this stage would be to direct that this review petition should also come up for hearing along with the appeals arising out of Criminal Petitions Nos. K-32 and K-35 of 1963.