Improve your skills than staging ‘fake drama’, court to Punjab ACE

ISLAMABAD: A Punjab anti-corruption court has warned the provincial Anti-Corruption Establishment (ACE) not to abuse the process of the court by staging a “fake drama”.

In the State vs. Muhammad Ashraf case, Senior Special Judge of the Anti-Corruption Punjab Lahore court directed the DG ACE in a judgment dated January 22, 2021 that instead of wasting energy and time on media trials of accused persons without material achievements, efforts should be made to improve the “pathetic situation” prevailing in his organisation.

In the concluding para of the 13-page judgment, the court noted: “I am constrained to observe that this case, in which such kind of evidence exists, should not have been approved by the prosecution for trial in the court. The person who approved judicial action should also be taken to task… precious time of the court in receiving evidence, summoning the witnesses and recording the same has been wasted. This is an abuse of process of the court in the true sense of the term. In such cases, exercise of the provision of Section 250 of the Criminal Procedure Code is a demand of the situation.”

It added: “A still-born child should have been buried at the earliest. It should have met its fate at the time of taking cognizance of the case. Undutiful, ignorant, incapable, inexperienced, unqualified… and unskillful officials of ACE have emerged before the court having a dead snake around their neck and tried to stage a fake drama before the judicial vision by presenting a challan of this case. There can be no two opinions that prosecution has badly failed to establish guilt of the accused and prove the charge.”

Acquitting the accused, the judgment directed: “Copy of this order be sent to DG ACE Punjab Lahore with the direction to go through this judgment minutely and make efforts to improve the pathetic situation prevailing in his organisation and pay more attention on solid and genuine issues affecting efficiency of human resources, serving under his command, improving quality of investigation of the cases instead of wasting energies and time on media trials of the accused persons and boosting of such fake phony leaps in media and press without material achievements.”

It added, “Some of the officers of ACE have been found crazy for media projection and all of the time entertaining private anchors of various Facebook channels, providing them access to the accused persons confined in lock-up of the ACE, which is a violation of the rules and serious misconduct under the Conduct Rules 1964, and can be proceeded for the same. They should be instructed to pay their attention to the collection of evidence and improve status of the investigation of the case.”

In another case --Bilal Hussain vs. The State --the court on January 21 noted in its order: “It seems that someone from DG office has deputed officials of the ACE to appear before the court as a pressure tactic to influence the court. Such type of practice has often been noticed by the court on the part of DG ACE Punjab Lahore, which reflects immaturity of mind and non-professional attitude on his part. Courts cannot be pressurized with such unethical tools.”

The order added: “For the sake of arguments, if it is presumed that DG ACE Punjab Lahore has deputed his personnel to arrest the accused/petitioners in case, his pre-arrest bail petition is dismissed, even then they cannot be present before rostrum as they should remain outside the court. This also amounts to interference in the judicial proceedings. The officials, namely Rana Ibrar SI, Muhammad Zaman ASI, Muzammal Hussain constable and Muratab Ali driver, are issued warning to be careful in future and the DG ACE Punjab Lahore is directed to observe decorum of the court strictly.”