Citation Name: 2023 PCrLJ 1623 LAHORE-HIGH-COURT-LAHOREBookmark this Case RAFIQUE AHMED vs State Ss

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Citation Name: 2023 PCrLJ 1623 LAHORE-HIGH-COURT-LAHOREBookmark this Case RAFIQUE AHMED VS State Ss. 41, 42 & 43---Maintenance of revenue record---Functions to be performed by the Patwaris---Practice of Patwaris engaging private person(s) as their Munshi for performance of the acts assigned to them (Patwaris) under the law---Legality---Report requisitioned by the High Court revealed that numerous privately engaged persons were working as Munshi to the Patwaris, which did not fit into legal mythology---Apart from notified Patwarkhanas, the Munshis were working at rented buildings at prime localities through their own financial resources---Low-paid Patwaris and their said Munshis were at helms of the affairs throughout the province of Punjab---Such practices were giving vent to corruption in the revenue circles---Previously certain directions were passed by the Supreme Court in such regard which were binding upon all Executive and Judicial Authorities---High Court deprecated that despite said directions no steps had been taken to curb such malpractices---High Court disposed off the matter while passing directions to the Authorities, including Senior Member Board of Revenue and Director General Anti-Corruption Establishment to take concrete steps to curb malpractices of engaging private persons in affairs of the Patwaris. Citation Name: 2023 PCrLJ 1623 LAHORE-HIGH-COURT-LAHOREBookmark this Case RAFIQUE AHMED VS State S. 497---Penal Code (XLV of 1860), S. 161---Prevention of Corruption Act (II of 1947), S. 5(2)---Illegal gratification---Bail, grant of---Deficiencies in raid proceedings---Patwari was allegedly caught red-handed taking illegal gratification from the first informant for issuance of Fard Malkiat in order to get mutation entered in favour of his wife---Record revealed that raid proceedings were carried out after almost two months of the mutation-in-question having been entered and which (mutation) was sanctioned 16/17 days prior to registration of FIR---Even no assignment of the first informant was pending on the day when the case was registered---No member of raiding party heard conversation between the two while passing money---Application of the first informant was received by the Anti-Corruption Establishment after just one day of the filing of an application before the Sessions Judge for deputing a Magistrate to supervise raid proceedings---Section 161 of Penal Code, 1860 as well as S. 5(2) of PCA, 1947, entailed punishment less than ten years while both did not attract prohibitory clause of S. 497 of Criminal Procedure Code, 1898---Petitioner was no more required by the Anti-Corruption Establishment for investigation---Bail was allowed, in circumstances.

Citation Name: 2023 PCrLJ 1623 LAHORE-HIGH-COURT-LAHOREBookmark this Case RAFIQUE AHMED vs State Ss — 2023 PCrLJ 1623 LAHORE-HIGH-COURT-LAHORE

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