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EJAZ RASHEED vs AZAD JAMMU AND KASHMIR EHTESAB BUREAU Ss — 2022 MLD 1254 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 MLD 1254 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
MLD
Parties
EJAZ RASHEED vs AZAD JAMMU AND KASHMIR EHTESAB BUREAU Ss
Subject matter
Constitutional
Provisions referred to
S. 4; Kashmir Ehtesab Bureau Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

EJAZ RASHEED VS AZAD JAMMU AND KASHMIR EHTESAB BUREAU Ss. 2, 3, 4, 10 & 11---Oil Fields and Mineral Development (Government Control) Act (XXIV of 1948), Preamble---Azad Jammu and Kashmir Mining Concession Rules, 2002, R.23---Writ Petition---Scope---Petitioner invoked writ jurisdiction of the High Court with the claim that he was issued a licence for exploration and extraction of dolomite under the Regulation of Mines and "Oil Fields and Mineral Development (Government Control) Act, 1948 and "Azad Jammu and Kashmir Mining Concession Rules, 2002" and that any offence under the Act did not come within the jurisdictional power of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, thus, the Ehtesab Bureau was not empowered to investigate the matter, as such, investigation proceedings were required to be declared coram non judice---Section 2(2) of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001, which was a special law, postulated that said Act shall have effect notwithstanding anything contained in any other law for the time being in force---Section 3(a) clearly stated that it was applicable to all persons of the Azad Jammu and Kashmir---Section 4(a) revealed that the accused shall include a person in respect of whom there were reasonable grounds to believe about his involvement in commission of any offence and according to S.4(c) his associates were also included---Section 10 of the Act stated about corruption and corrupt practices by holder of a public office or any other person---Provisions of the Azad Jammu and Kashmir Ehtesab Bureau Act, 2001 were sufficient to deny the claim raised by petitioner in his petition---Ehtesab Bureau had got ample jurisdiction to investigate the matter---Writ petition was dismissed.

Other judgments reported in 2022 MLD

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