Sessions courts barred from ordering FIRs in corruption cases

LHC sets aside trial court order, clarifies limits of jurisdiction

LAHORE:

The Lahore High Court (LHC) has set a significant legal precedent, ruling that sessions courts do not have the authority to order the registration of FIRs in anti-corruption cases.

Justice Abher Gul Khan, in an eight-page written judgment on a petition filed by Asifa Bibi, declared that a trial court's directive to the Anti-Corruption Department to register a case over alleged fake divorce documents was unlawful.

According to the judgment, the petitioner's former husband had accused her, along with officials of a union council, of preparing a fake divorce certificate.

He had initially approached the anti-corruption department seeking registration of a case, but the department declined to proceed.

The complainant then moved the sessions court, which referred the matter to the director general anti-corruption and ordered an inquiry.

The department conducted the inquiry in compliance with the court's directions but again chose not to register a case.

Dissatisfied, the complainant approached the sessions court once more, seeking reopening of the inquiry and registration of a case. Acting on the request, the sessions court ordered the inquiry to be reopened and directed that a case be registered.

The Lahore High Court, however, set aside this order, ruling that an Additional Sessions Judge cannot direct the Anti-Corruption Department to register a case involving a public servant.

The court also annulled the order to reopen the inquiry, reinforcing the limits of lower courts' jurisdiction in anti-corruption matters.