Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No. 576-Q of 1980, decided on 6thFebruary, 1981.
-- Ss. 7, 8, 9 & 10 read with Prevention of Corruption Laws (Amendment) Ordinance (V of 1977)---Public servant-Interpretation of statutes-Employees of Rice Milling Corporation of Pakistan, held, Public servant for all intents and purposes-Trial of such Imployees by Special Judge Anti-Corruption, held further, un exceptionable-Penal Code (XLV of 1860), S 21.
M. M. Ashraf for Petitioners.
Karamat Nazir Bhandari, A. A.-G. with Abad Zaheer Qureshi for the State.
Date of hearing : 16th February, 1981.
This is a petition under section 561-A of the Code of Criminal Procedure for the quashment of the proceedings pending before the Special Judge, Anti Corruption, Gujranwala, on the sole ground that the accused, petitioners, being the employees of Rice Milling Corporation of Pakistan, were not public servants.
2. The Rice Milling Corporation was established under section 7 the Rice Milling Control and Development Act, 1976, a central statute. Sections 7, 8, 9 and 10 of the Act are reproduced below:-
"7. Rice Milling Corporation of Pakistan.-(1) There shall be a Corporation to be known as the Rice Milling Corporation of Pakistan.
(2) The Corporation shall be a body corporate having perpetual succession and a common seal, with power to hold and acquire property, and shall sue and be sued by its name.
(3) The Federal Government shall, as soon as may be, appoint the Chairman of the Corporation who shall be the chief' executive thereof and a Board of Directors composed of not more than nine members.
(4) The Chairman and the Directors shall hold office during the pleasure of the Federal Government on such terms and conditions as it may determine.
(5) The Corporation shall own, manage and direct the affairs of the acquired establishments, and is hereby empowered to set up such new establishments as it may deem fit.
8. Functions of the Corporation.----The Corporation shall ensure efficient operation of the acquired establishments and perform such other functions as may, from time to Time, be assigned to it by the Federal Government.
9. Fund of the Corporation.----There shall be constituted for the Corporation a Fund to which shall be credited all the sums received by the Corporation and out of which shall be defrayed all expendi ture incurred by the Corporation including expenditure on the emoluments of the Chairman, Directors, officers, staff, experts and consultants of the Corporation.
10. Capital of the Corporation.---The capital of the Corporation shall be provided wholly by the Federal Government which shall also determine the amount of such capital, and the terms and condi tions on which it shall be provided."
3. A perusal of these provisions clearly shows that the Corporation is set up, controlled and administered by and under the authority of the Federal Government. The Pakistan Penal Code, the Prevention of Corruption Act, 1947 and the Pakistan Criminal Law Amendment Act, 1958 were amended by the Prevention of Corruption Laws (Amendment) Ordinance, 1977 (Ordinance V of 1977), again a central statute, whereby the term "public servant" was defined to include an employee of any corporation or other body or organisation set up, controlled or adminis tered by, or under the authority of, the Federal Government.
4. The above provisions read together leave no manner of doubt that the petitioners, being employees of the Rice Milling Corporation of Pakistan, are public servants and as such their trial by the Special Judge, Anti-Corruption is unexceptionable.
The petition is dismissed.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer