2017 PLP 304 (YLRN)

SHAHID HAMEED DAR, J.

The petitioners, Sohail Babar (Crl. Misc. No. 16161-B/2016), Shaukat Ali and Waqar Ali (Crl. Misc. No. 16553-B/ 2016) seek post arrest bail in case-FIR No.34/16, dated 10.6.2016, under sections 420, 468, 471, P.P.C., read with section 5(2) of the Prevention of Corruption Act, 1947, sections 11-F(2), 11-N of the Anti-Terrorism Act 1997 and section 13(2-B) of the Arms Ordinance 1965, registered at Police Station CTD, Lahore. Both the applications are compositely decided hereby.

2. Precisely, the allegation against the petitioners is that they were raided at and overpowered by the CTD-police near Dharampura canal bridge at about 5.15 p.m. on 10.6.2016, as they had a spy information to believe that they had links with the defunct organization Daa'ish and fabricated forged arm-licences for its activists and that they were present at the spot for supplying illicit arms, forged arm-licences, bogus seals, and literature of the banned outfit to their customers; on their arrest, they told their names Sohail Babar, Shaukat Ali and Waqar Ali (petitioners); on their physical search, many a blank licence-registers, iron embossing seal, round rubber stamps, religious literature, forged arm-licences, three Kalashnikovs, fifteen (15) live bullets and cash (detail given in the FIR) were recovered from them; they told their captors that they were involved in sale/purchase of illicit arms and issuance of forged arm-licences since long and they had sneakingly gone to WANA South Wazirstan in April, 2016, as they were on watch list of different agencies for quite some time.

3. The petitioners underwent physical remand for thirty eight (38) days each. Sohail Babar (petitioner) allegedly got recovered old adhesive licence-stamps, worth Rs.52,000/- and a booklet of Daa'ish, Shaukat Ali (petitioner), old adhesive licence-stamps of Rs.52,000/- and a booklet of Daa'ish, and Waqar Ali (petitioner), old adhesive licence-stamps, value Rs.1,00,300/-, a booklet of Daa'ish and a register bearing particulars of 3600 licences. Their challan under section 173, Cr.P.C. was submitted before the learned Anti-Terrorism Court, Lahore, vide case-diary dated 29.8.2016, but it was transferred by the said court to the learned Sessions Judge, Lahore on 27.9.2016 for their trial by a sessions court, with the observation that offences under sections 11-F(2), 11-N and 11-W of the Anti-Terrorism Act, 1997 were not made out from the facts of the case, hence deleted.

4. The petitioners worked as clerks, in the arms branch, DCO office Lahore, when taken into custody by the CTD police on 10.6.2016. Asad Waqar, real son of Waqar Ali accused/petitioner got registered FIR No.114/16, dated 03.4.2016, under section 365, P.P.C. at Police Station Lower Mall, Lahore about the abduction of his father by some unknown persons at about 5.00 p.m. on 2.4.2016. This FIR was found false during the course of investigation and recommended for cancellation on 15.6.2016. Waleed Sohail, real son of Sohail Babar (petitioner) moved some applications before the police for registration of a case about abduction of his father by some unknown persons but failed to do so. Lastly he moved a petition under sections 22-A, 22-B, Cr.P.C. for the said purpose which was disposed of by the Ex-Officio Justice of Peace, Lahore on 15.6.2016 by holding that the matter be dealt with by the IG police in accordance with Article 80(R) of Police Order, 2002. It was the superintendent of police (Investigation) City Division Lahore who conducted inquiry under Article 80(R) of the Order, ibid, and concluded that Sohail Babar, Waqar Ali and Shaukat Ali accused had not been abducted or taken away by anyone, rather they were involved in unscrupulous and illegal activities and as, an inquiry had been initiated against them by their department, so they wilfully went into a hideout and their family members conspiratorially got registered FIR No.114/16 (supra) and also moved a petition under sections 22-A; 22-B, Cr.P.C, besides, they tendered certain applications against some unknown persons for registration of FIRs about the alleged abduction of their so-called missing persons.

5. Of late, a three member committee was constituted by the DCO, Lahore on 4.8.2016 to look into the illegalities, irregularities and many a complaints of fabrication of forged arms-licences, bogus despatching, mutilating official record and issuing unauthorized licences by the accused, which process is still under way. An interim report, submitted by the Additional Deputy Commissioner (HQ), Lahore revealed that "the number of online rejection for fake arm license as operated by the arrested accused stood at only 70 even after elapse of 18 months of computerization have considerably improved up to 14000 till now which is progressing." It further revealed that all Red Registers of Arm Licences would be conveyed to NADRA, once computerization of its entries was completed, so that CNIC details of approved licence-holders could be acquired, followed by their summoning for inquisitive queries about their credentials.

6. After hearing the learned counsel for the parties and perusing the record, it is observed that the petitioners' arrest in this case on 10.6.2016, being in possession of certain incriminating material, as entailed in the FIR, can hardly be called in question, as worth and evidentiary value of the press-clippings, tendered by their learned counsel to argue that they were already in custody of the police, when involved in this case on 10.6.2016, can only be determined by the learned trial court after recording evidence of the parties at trial. Asad Waqar, a son of Waqar Ali (petitioner) got registered FIR No.114/16 on 3.4.2016 under section 365, P.P.C. at Police Station Lower Mall, Lahore with the contention that his father, who worked in the DCO Office, Arms Branch, Lahore, had certainly been abducted by some unknown persons on 2.4.2016 and his cell-phone was off since then. Waleed Sohail, a son of Sohail Babar (petitioner) moved a petition under sections 22-A and 22-B, Cr.P.C. with the allegation that his father, who had been working in the DCO Office, Lahore for fifteen years was not traceable since 8.4.2016, hence, a criminal case be registered against those, who caused disappearance of his father. This petition was disposed of by the Ex-Officio Justice of Peace, Lahore on 15.6.2016 with the observation that an inquiry within the spirit of Article 80(R) of Police Order 2002 be conducted by the police. It was SP (Investigation), City Division Lahore, who conducted the said inquiry and concluded that Sohail Babar and his companions Waqar Ali and Shaukat Ali, the petitioners, had not been abducted by any government agency or anyone else, rather they had wilfully disappeared from the scene, as their department had initiated an inquiry into their illegal activities. It was further concluded by him that the so-called missing persons got lodged FIR No.114/16 (supra) at Police Station Lower Mall, Lahore to escape the inquiry being conducted against them and to paint their vanishing as an abduction case. The application of Waleed Sohail was rejected as false. The learned counsel's argument that the petitioners had been forcibly taken away by some agencies much earlier than 10.6.2016 hardly sounds convincing.

7. The petitioners allegedly possessed illicit arms, forged arm-licences, bogus seals, fiery literature of a banned outfit and lacs of rupees, when arrested by the police on 10.6.2016, on a spying information, as to their presence near Dharampura Canal Bridge in connection with supplying the said material to their customers. They worked as clerks in the Arm-Licencing Branch of the DCO Office, Lahore for years and earned notoriety of trading in bogus arm-licences and arms itself. They underwent physical remand for thirty eight (38) days and allegedly led to the recovery of old adhesive-licence-stamps, valuing at lacs of rupees, some booklets of Daa'ish and a register bearing particulars of 3600 licences. All arm-licences allegedly recovered from the petitioners have been confirmed by the relevant department to be bogus and particulars of scores of others could not be found entered in any of the registers of the department. The number of such bogus and tainted licences is ever increasing, as an inquiry being conducted by a three member committee, constituted by the DCO Lahore on 4.8.2016 extensively audited the record of the Arms-Licencing Branch. Importantly, none of the affected people, whose arm-licences have been rescinded or suspended, have appeared before the inquiry committee or DCO Lahore to raise their grievance(s) in this context, which strengthened the impression that they were either non-entities or they consciously possessed bogus licences. Mere fact that some provisions of the Anti-Terrorism Act, 1997 had been deleted by the learned trial court vide order dated 27.9.2016 would mean little to severity of the offences allegedly committed by the petitioners. By having involved themselves in the mentioned dirty trade, they have not only betrayed their code of conduct but also strengthened the hidden hands, allegedly involved in terrorism and sabotage etc. The country is virtually on fire for so many years and this is high time to deal drastically with all such characters, who added fuel to the fire. Technicalities and niceties of the law shall have to be pushed a bit aside to handle the demon of fright, destruction and annihilation.

8. Two prosecution witnesses have been half recorded by the learned trial court but they have not been cross-examined by the defence as yet. The prosecution case prima-facie brims with incriminating evidence against the petitioners. It is hard to believe that their case fell within the ambit of section 497(2), Cr.P.C.

9. Therefore, I am not inclined to accept these applications (Crl. Misc. No.16161-B/2016 and Crl. Misc. No.16553-B/2016), which are accordingly dismissed. WA/S-29/L Bail refused.