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2022 IHC 64

Malik Deen vs Government of Pakistan, etc

Citation2022 IHC 64
CourtIslamabad High Court
Case No.Writ Petition No. 1036 of 2022
Date2022-03-15
Judge(s)Arbab Muhammad Tahir
ResultAccordingly Dismissed

ORDER

The instant writ petition is aimed to seek blanket impunity by issuing a direction to consider any action, to be initiated by the respondent NAB, as void abinito having no legal sanctity and thus to be considered 'quashed".

2. Heard. The petitioner tried to develop a case that on the subject matter of the instant petition, under the directions of the Hon'ble Apex Court, inquiry was entrusted to the FIA Authorities and the jurisdiction of the NAB was excluded from inquiring into the matter vide its order dated 15.01.2019, and the matter was inquired into by the FIA authorities and FIR No. 4/2020 was registered whereafter, thus the NAB authorities cannot investigate into the matter. Particularly in presence of speaking order the Hon'ble Apex Court and that earlier the said respondent had intruded by assuming the jurisdiction in the matter already pending before the FIA.

3. In order to substantiate the averments, petitioner relied upon a press clipping besides news flashed in the Media. Further, attempted to press Section 403 Cr.P.C in order to explore breach of principle of "double jeopardy".

4. The principle ibid is applicable in a case where a person has been tried by a court of competent jurisdiction for an offence and convicted or acquitted while in the present case, there was no such situation as petitioner alleges 'denovo inquiry' and not 'trial'. The learned counsel for the petitioner when confronted as to issuance of any notice to the petitioner by the NAB authorities responded in negative.

5. The petitioner , as a matter of fact, intends to have an omnibus impunity against any action. Suffice it to say, instant writ petition being doomed, based upon hypothesis is accordingly dismissed in limine.

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