2019 P Cr (PLP)

MALIK HAQ NAWAZ, J.

Since Criminal Miscellaneous Nos.84/2019, 85/2019 and 86/2019 involves the same question of law and facts, these are being disposed of through this single order.

2. The petitioner Zamrud Khan has been called by the NAB authorities vide call up notice No. 1(1)/NABR 20180320119087/ R/2018/GB/INV dated 20-03-2018 on plea of NAB that during investigation of the case it revealed that Secretary Forest constituted an assessment team vide office order dated 17-08-2011 and 12-09-2011. The assessment team did not conduct assessment and relied on the data prepared by DFO, which resulted into huge loss to the Government Exchequer. The petitioner was directed to appear before the NAB (R) Sub-Office Gilgit on 01-04-2019. On 01-04-2019 the petitioner appeared before this Court and the respondents were directed not to arrest him till 15-04-2019 and on 15-04-2019, the learned Special Prosecutor NAB requested for an adjournment and the case was adjourned till today.

3. Petitioner Zakir Hussain was also called in Criminal Miscellaneous No.85/2019 through the same call up notice on the same accusation and was directed to appear on 01-04-2019. Since the Hon'ble Chief Judge and one other member of this Court were on a tour to Skardu and one of us (Justice Malik Haq Nawaz) was on leave, therefore, the respondents were restrained by one of us (Justice Ali Baig) not to arrest the petitioner till disposal of the instant petition and case was posted to 15-04-2019 and was adjourned for today for the reasons stated above.

4. The case of Qadar Dan petitioner in (Criminal Miscellaneous 86/2019) is also the same and he was also asked by the respondents to appear at Regional Sub-Office Gilgit on 01-04-2019.

5. The learned counsel for the petitioners jointly submitted that the petitioners are not involved in any embezzlement or any other act, which caused loss to the Government Exchequer nor there is any allegation of corruption/corrupt practices. The petitioners were exonerated in different inquires conducted from time to time and the petitioner Zamrud Khan was allowed bail by this Court on the grounds of his acute illness. The petitioners will co-operate with the investigation and they be admitted to regular post arrest bail.

6. The learned Special Prosecutor NAB opposed the contention of the learned counsel with full vehemence and submitted that the petitioners have caused loss of billions of rupees to the Government Exchequers and the provisions of corruption and corrupt practices are fully attracted in the case in hand. The learned Special Prosecutor further submitted that the accused/petitioners are in possession of material evidence, which could only be procured if their physical custody is handed over to the NAB authorities.

7. Heard and record of the case perused minutely.

8. The petitioners were admitted to post-arrest bail by this Court, through writ petitions. Their arrest on the same charges again would not be in the interest of justice. We confirm the restraining orders by this Court. However the petitioners are strictly directed to appear before the NAB (R) office Gilgit as and when so directed. The petitioners will put up their first appearance before the NAB (R) office Gilgit tomorrow at 10.00 a.m. and will be so appearing as and when so directed. The petitioners will be bound to provide any evidence if in their possession to the investigating officers of NAB. In case of non-co operation, the NAB would be at liberty to move a fresh application for recalling of the restraining orders.

9. With the above observation the writ petitions are disposed off. MQ/50/GB Order accordingl