PakSword
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Following two paragraphs have everything we want to know..
24. The Heads of the aforesaid departments/ institutions shall recommend the names of their nominees for the JIT within seven days from today which shall be placed before us in chambers for nomination and approval. The JIT shall investigate the case and collect evidence, if any, showing that respondent No. 1 or any of his dependents or benamidars owns, possesses or has acquired assets or any interest therein disproportionate to his known means of income. Respondents No. 1, 7 and 8 are directed to appear and associate themselves with the JIT as and when required. The JIT may also examine the evidence and material, if any, already available with the FIA and NAB relating to or having any nexus with the possession or acquisition of the aforesaid flats or any other assets or pecuniary resources and their origin. The JIT shall submit its periodical reports every two weeks before a Bench of this Court constituted in this behalf. The JIT shall complete the investigation and submit its final report before the said Bench within a period of sixty days from the date of its constitution. The Bench thereupon may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.
25. It is further held that upon receipt of the reports, periodic or final of the JIT, as the case may be, the matter of disqualification of respondent No. 1 shall be considered and appropriate orders, in this behalf, be passed, if so required.
Both paras are talking about different outcomes.
In para 24, judges stated that upon receipt of the final report, the bench will exercise its powers under articles 184(3), 187(2) and 190 of the constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.
Understanding this para is very important. In this para, they have talked about the function/ role of the implementation bench. This para specifically states that only after final report of JIT, the bench will (not disqualify but) only order for filing a reference against (not only) respondent No. 1, but any other person having nexus with the crime. "Any other person" may include any one, including the daughter of the respondent No. 1, his sons, his other family members, his other relatives, or any person other than these individuals.
In para 25, judges state that upon receipt of the reports, periodic or final of the JIT, the matter of the disqualification of respondent No. 1 shall be considered. In this para, there is no mention of "the bench constituted" in para 24. Completion of the report is also not required.
It means that when the matter is about disqualification of respondent No. 1, 5 member bench may pass appropriate orders anytime. But for other matters, the special constituted bench will wait for the final report and reference will be filed against anyone.
Unki waat lagnay wali hai.. I am sure..
24. The Heads of the aforesaid departments/ institutions shall recommend the names of their nominees for the JIT within seven days from today which shall be placed before us in chambers for nomination and approval. The JIT shall investigate the case and collect evidence, if any, showing that respondent No. 1 or any of his dependents or benamidars owns, possesses or has acquired assets or any interest therein disproportionate to his known means of income. Respondents No. 1, 7 and 8 are directed to appear and associate themselves with the JIT as and when required. The JIT may also examine the evidence and material, if any, already available with the FIA and NAB relating to or having any nexus with the possession or acquisition of the aforesaid flats or any other assets or pecuniary resources and their origin. The JIT shall submit its periodical reports every two weeks before a Bench of this Court constituted in this behalf. The JIT shall complete the investigation and submit its final report before the said Bench within a period of sixty days from the date of its constitution. The Bench thereupon may pass appropriate orders in exercise of its powers under Articles 184(3), 187(2) and 190 of the Constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.
25. It is further held that upon receipt of the reports, periodic or final of the JIT, as the case may be, the matter of disqualification of respondent No. 1 shall be considered and appropriate orders, in this behalf, be passed, if so required.
Both paras are talking about different outcomes.
In para 24, judges stated that upon receipt of the final report, the bench will exercise its powers under articles 184(3), 187(2) and 190 of the constitution including an order for filing a reference against respondent No. 1 and any other person having nexus with the crime if justified on the basis of the material thus brought on the record before it.
Understanding this para is very important. In this para, they have talked about the function/ role of the implementation bench. This para specifically states that only after final report of JIT, the bench will (not disqualify but) only order for filing a reference against (not only) respondent No. 1, but any other person having nexus with the crime. "Any other person" may include any one, including the daughter of the respondent No. 1, his sons, his other family members, his other relatives, or any person other than these individuals.
In para 25, judges state that upon receipt of the reports, periodic or final of the JIT, the matter of the disqualification of respondent No. 1 shall be considered. In this para, there is no mention of "the bench constituted" in para 24. Completion of the report is also not required.
It means that when the matter is about disqualification of respondent No. 1, 5 member bench may pass appropriate orders anytime. But for other matters, the special constituted bench will wait for the final report and reference will be filed against anyone.
Unki waat lagnay wali hai.. I am sure..
