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Lahore High Court Quashes FIR Against Former Vice Chancellor of University of Agriculture, Faisalabad

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Lahore High Court Quashes FIR Against Former Vice Chancellor of University of Agriculture, Faisalabad

Islamabad 18-07-2024: In a significant judgment, the Lahore High Court has quashed an FIR filed against Dr. Iqrar Ahmad Khan, former Vice Chancellor of the University of Agriculture, Faisalabad, and Ch. Muhammad Hussain. The FIR, registered under Sections 409, 468, 471, and 420 of the Pakistan Penal Code (PPC) read with Section 5(2) of the Prevention of Corruption Act, 1947, was declared to have been filed with malafide intentions and ulterior motives.

The petitioners had sought quashing of FIR No.41/2020, registered at P.S. ACE, Region Faisalabad, alleging that it was a result of professional rivalry and aimed at tarnishing Dr. Khan's reputation. Dr. Khan, who served as Vice Chancellor for two consecutive terms, had challenged the appointment of his successor, which led to the FIR being lodged against him.

The court, presided over by Mr. Justice Asjad Javaid Ghural, observed that it has the constitutional jurisdiction under Article 199 to quash FIRs if the investigation is launched with malafide intentions or without jurisdiction. The court cited several precedents, including the cases of Shahnaz Begum vs. Hon’ble Judge of the High Court of Sindh and Balochistan (PLD 1971 SC 677) and Anwar Ahmad Khan vs. The State (1996 SCMR 24), to support its decision.

The Court found that the Vice Chancellor had the authority to make temporary appointments under the University of Agriculture, Faisalabad Act, 1973, and that no appointments were made in contravention of the law. The Court noted that the honorarium received by Dr. Khan was within the University's long-standing practice and duly sanctioned by the Syndicate and Senate, negating the prosecution's claims. The investigation revealed that Dr. Khan did not receive double salary and all financial transactions related to the project were handled directly by the US Embassy. The judgment highlighted that the FIR was lodged with malafide and professional rivalry. The court emphasized that the continuation of criminal proceedings would be a futile exercise and a waste of public time, as there was no likelihood of conviction.

In conclusion, the Lahore High Court quashed FIR No.41/2020, bringing relief to Dr. Iqrar Ahmad Khan and Ch. Muhammad Hussain. The judgment underscores the court's commitment to ensuring justice and preventing misuse of legal processes for personal vendettas.

This decision sets a precedent for the protection of individuals from malafide investigations and reinforces the authority of the High Court to intervene in such cases.