Summary LHC sets aside Justice of Peace order for re-inquiry and FIR, ruling courts cannot direct anti-corruption FIRs or reopen completed inquiries under relevant laws.
LAHORE (Dunya News) - The Lahore High Court has declared the order of a Justice of Peace for re-inquiry and direct registration of a case as void.
Justice Abhar Gul Khan issued an eight-page written judgment on a petition filed by Asifa Bibi.
The court observed that in anti-corruption related cases, session courts do not have the authority to direct the registration of cases directly.
It set aside the trial court’s decision that had ordered the Anti-Corruption Establishment to register a case directly in an alleged fake divorce certificate matter.
According to the judgment, the complainant’s former husband had approached the Anti-Corruption Establishment alleging that a fake divorce certificate was prepared, implicating union council officials and the petitioner.
However, the Anti-Corruption department did not register an FIR on his application, after which he approached the session court seeking registration of a case.
The decision further noted that the Justice of Peace directed the DG Anti-Corruption to conduct an inquiry and take action.
When the department did not proceed with registering the case, the complainant again approached the Justice of Peace, and a report was submitted stating that no case was made out.
The Justice of Peace again ordered a re-inquiry and directed registration of a case. However, the petitioner argued that once a decision has been implemented after an inquiry, the Justice of Peace has no authority to reopen the matter.
The petitioner maintained that reopening the inquiry and ordering registration of a case was illegal.
The written judgment stated that under the relevant rules, directing a re-inquiry amounts to interference in the legal jurisdiction of the Anti-Corruption Establishment. It further held that once an inquiry is completed, the Justice of Peace has no authority to reopen it.
The court added that a session court may only direct anti-corruption authorities to initiate an inquiry and does not have the power to order direct registration of FIRs against accused persons.
Under Punjab Anti-Corruption Establishment Rules, cases where allegations are not proven should be closed by the concerned authority.
The record showed that the Additional Sessions Judge also noted that if an investigating officer shows negligence or misconduct, departmental action may be taken against them.
The court clarified that session courts do not have authority to issue directions against public officials in corruption matters, as this power rests exclusively with the Punjab Anti-Corruption Establishment under specific laws.
