Investigations Beyond Jurisdiction and Malafide Intent

In the Lahore High Court, Dr. Iqrar Ahmad Khan and Ch. Muhammad Hussain petitioned under Article 199 of the Constitution of Pakistan, seeking quashing of FIR No. 41/2020. The FIR, lodged by the Anti-Corruption Establishment (ACE), accused them of offenses under Sections 409, 468, 471, and 420 of the Pakistan Penal Code (PPC) and Section 5(2) of the Prevention of Corruption Act, 1947.

Key Issues:

Malafide Intent: The petitioners argued the FIR was lodged out of malafide intentions by respondent No. 5, who was contesting for the Vice Chancellor position at the University of Agriculture, Faisalabad. Dr. Khan, a former Vice Chancellor, had challenged respondent No. 5's appointment, which led to a probe committee forming and lodging the FIR with ulterior motives.

Double Jeopardy: The petitioners contended that the same allegations had been previously investigated by the National Accountability Bureau (NAB), which recommended closing the inquiry. Thus, reopening the investigation by ACE contravened Section 18(d) of the National Accountability Ordinance, 1999, which grants NAB exclusive jurisdiction over such matters.

Irregular Appointments and Financial Misconduct: The allegations included making the irregular appointments without proper advertisement, drawing honorarium without approval, and receiving double salaries. The petitioners defended their actions within the legal framework governing the University's administrative practices.

Case Law: The court examined the cases of Shahnaz Begum vs. Hon'ble Judge of the High Court of Sindh and Balochistan (PLD 1971 SC 677), Anwar Ahmad Khan vs. The State (1996 SCMR 24), Raja Rustam Ali Khan vs. Muhammad Hanif (1997 SCMR 2008), Muhammad Irshad Khan vs. Chairman, National Accountability Bureau (2007 P Cr.LJ 1957), and FIA through Director General, FIA vs. Syed Hamid Ali Shah (PLD 2023 SC 265) to establish High Court's authority to quash investigations initiated with malafide intent or beyond jurisdiction.

Court's Conclusion: The court found substantial evidence indicating the FIR was lodged with malafide intentions to influence judicial proceedings and hinder Dr. Khan's candidacy for the Vice Chancellor position. It noted the FIR's allegations had already been thoroughly investigated by NAB, which found no wrongdoing. The court emphasized the principle that the judiciary must intervene when investigations are evidently malafide. The Lahore High Court allowed the writ petition, quashing FIR No. 41/2020. The judgment underscores the importance of protecting individuals from malicious legal actions and ensuring justice and fair play.

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