2018 PLP 69 (YLRN)

The petitioner, Shabi Hassan seeks post-arrest bail in case FIR No.44/15, dated 11.12.2015, under section 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, registered at police station ACE, district Kasur.

2. Syed Javed Iqbal Bukhari, District Coordination Officer, Kasur, Ex-Officio MD Kasur Tanneries Waste Management Agency (KTWMA) got lodged the above said F.I.R. with the allegation that:-- on enquiry committee comprising on Mr. Muhammad Shah Rukh Niazi Assistant Commissioner Kasur and Mr. Muhammad Faheem District Officer (Environment) Kasur was constituted vide order No. PS/214, dated 4.1.2014 to unearth irregularities being committed in Kasur Tanneries Waste Management Agency (KTWMA) Kasur by Mr.Shabi Hassan, Project Manager KTWMA, Kasur. The inquiry committee has submitted report whereby certain facts regarding embezzlement and corruption have been established against Mr.Shabi Hassan former Project Manager, KTWMA, Kasur.

2. In the circumstances it is requested that a case be registered against the said person under the relevant provisions of law and recovery of the embezzled amount be recovered. A copy of the enquiry report along with relevant documents is enclosed.

3. On receipt of many a complaints against the petitioner, DCO/Managing Director KTWMA, constituted an inquiry committee vide order No.PS/214, dated 4.1.2014 to unearth the irregularities/ illegalities allegedly committed in KTWMA, Kasur, comprising Mr.Shah Rukh Niazi, Assistant Commissioner, Kasur and Mr. Muhammad Fahim, District Officer (Environment), Kasur, who inquired into the matter substantially and found the petitioner guilty thereto. After registration of FIR, extensive investigation into the allegations against the petitioner was conducted by the investigating officer, who calculated a sum of Rs.27,17,126/- as net loss accrued to the public exchequer due to alleged wrongdoings of the petitioner.

4. After hearing the learned counsel for the parties and perusing the record, it is observed that the petitioner was initially appointed as General Manager, KTWMA (Kasur Tanneries Waste Management Agency), Kasur vide order No.KTW/MD/ 1027, dated 20.12.2008 for a period of two years with fixed remuneration of Rs.80,000/- per month. As per terms and conditions of his appointment order, any damage accrued to the project/properties, due to negligence/incompetence of the officer/official was supposed to be recovered from him, but after a full-fledged technical inquiry. A publication in daily 'Jurrat' appeared on 29.4.2009, that Shabi Hassan (petitioner) had once been appointed as processing consultant/mechanical engineer at a package of Rs.50,000/- per month, w.e.f. 5.11.2007 in the Punjab Seed Corporation, Lahore. His contract period in Punjab Seed Corporation was gradually extended from 6.2.2009 to 31.7.2009. He resigned from Punjab Seed Corporation w.e.f. 6.5.2009, whereas he was appointed in KTWMA, Kasur on 20.12.2008. Apparently, he remained doubly employed in two different institutions at same time from 20.12.2008 to 6.5.2009. After expiry of his contract-appointment in KTWMA, Kasur, he did not relinquish the charge and continued working as such, as managing director, KTWMA. DCO, Kasur ordered that he should continue till further orders. His salary of Rs.80,000/- per month, however, swelled to Rs.1,65,000/- per month. His service period was somehow extended from 1.4.2013 to 30.6.2014 against monthly remuneration of Rs.1,67,080/- per month. It transpired during initial inquiry that electric wire leading to aerators from the Central Control Room was cut off and thirteen (13) electric meters were missing; the tanneries waste management water was bypassed into Pandoki drain without treatment; intake of water into plant was totally blocked; main purpose of setting up treatment plant with billions of rupees was being defeated by the "ulterior motives" of Shabi Hassan, Project Manager; Ding Garh pumping station was closed; Fat Extraction Unit was not found operational; field store (tanks) and reactors were damaged; the defence wire about 2/3 kilometers was found missing at the site, it had either been stolen or embezzled; recruitment of staff was made without advertising the post and applications of the candidates had not been marked by the MD/DCO Kasur; illegal establishment of new tanneries had been allowed in violation of an order of this court passed in Writ Petition No.1829/1995 on 17.10.1995; financial embezzlement of Rs.42,30,000/- had taken place; stock registers were found misplaced; huge amounts of money, Rs.2,05,29,180/- were outstanding against the tanneries during tenure of the accused, which was considered as his inefficiency and lackadaisical attitude; some of the vehicles had illegally been auctioned by him. The committee submitted its report by concluding that financial as well as administrative irregularities have been proved against the accused.

5. It has been found during investigation that each and every finding of preliminary inquiry committee was well based and mass scale irregularities, impropriety and corruption had been committed by the petitioner during his stay at KTWMA, Kasur as Project Manager thereof. His services had been put at the disposal of the said Body, probably with the hope that he would deliver the good and justify his selection by coming up to the expectations of his employers, but he proved them wrong by allegedly minting money at the cost of the Institution, he was thought to be a savior whereof. It was a longstanding complaint in the area of district Kasur that leather industry had caused countless man-related hazards due to its unbridled and "free for all" policies, which posed a serious threat to the masses, as tanneries' waste management untreated water poisoned/ polluted every drop of underground, otherwise pure drinkable water, rendering it altogether undrinkable and posing serious diseases and threats to human lives. Besides, this toxic fluid was flown into the drains and ravines unchecked making flowing water highly injurious to the crops. The very purpose of setting up KTWMA, Kasur was to find ways and means to overcome problematic issues faced by the humanity and huge resources in terms of funds and machines had been placed at its disposal to achieve desired results, but every bit of it was allegedly thrown down the drain by some greedy and heartless elements, including the petitioner, who virtually played havoc with the infra-structure, policies and financial resources thereof, leaving everything in a sheer mess and disorder.

6. The petitioner, being processing consultant/mechanical engineer at a package of Rs.50,000/- per month since 5.11.2007 with the Punjab Seeds Corporation concealed his then status and had himself employed with the KTWMA, Kasur as General Manager thereof on 20.12.2008 and drew double salaries from two different institutions from 20.12.2008 to 6.5.2009. He did not disclose the tale of his double employment at any stage and it only came to surface after it was made public by daily "Jurrat" on 29.4.2009. The petitioner has no reply or explanation to this cunningness of his own. He fearlessly withdrew huge amounts from the banks and used some percentage/portion thereof on some reparations and left no clue for the remaining amounts, as to what happened therewith. No bills or vouchers were available in the office, nor any stock-register could be produced by him during the course of investigation. Some vehicles were auctioned without following the set procedure and everything was done dubiously. No record of the said auction could be located by the investigating officer. Dozens of new tanneries were allowed to be set up during his reign over KTWMA in violation of an order of this court passed in Writ Petition No.1829/1995 on 17.10.1995. Certain recruitments were made by him even without the notice of Managing Director of KTWMA, who is the DCO, Kasur. The affairs of this Body were run as if it was a private enterprises and he was not answerable to any.

7. The petitioner has been found fully involved in the occurrence during the course of investigation and the net loss that he allegedly inflicted on the public exchequer read around Rs.27,17,126/-. The witnesses recorded during investigation still supported the prosecution case against him. He played a major role in the aforesaid misappropriation and fraud of government money, of which he had become a lawful custodian. It may also be added that active participation of the petitioner in the crime is prima-facie established. He has failed to show any mala fide or ulterior motives on the part of the prosecution for his implication in this case. He being public servant appears to have committed an offence of criminal breach of trust and caused huge financial loss to the exchequer. It may be worth noticing that corruption at this higher level has become rampant in almost every institution of the country and financial sources have been ruthlessly plundered, due to which country is almost at the verge of economic collapse. It is high time to take drastic measures so as to save the system from further economic decline. It is unfortunate that people with extra qualifications and big educational degrees involved themselves so easily in moral and financial corruption, that it boggled the mind. Such nasty characters are not to be shown motherly leniency, otherwise cancer of corruption would engulf every segment of life. There exist reasons to believe that the petitioner is involved in an offence, punishable with imprisonment for life or for imprisonment, which may extend to ten years, that fell within the prohibition of section 497(1), Cr.P.C. The judgments relied on by learned counsel for the petitioner, Saeed Ahmad v. The State (1996 SCMR 1132), Jaffar Muhammad v. The State (1997 PCr.LJ 1827), Abdul Rashid Nasir and others v. The State (2009 SCMR 517), Mumtaz Ali Jalbani v. The State (2012 YLR 2727) and Zaizham Ashraf v. The State and others (2016 SCMR 18), being distinctive on merits do not help much the petitioner's quest for bail. As against it, judgments, Master Allah Rakha v. The State and other (2010 YLR 1742), Shahzad Alam Mirza and another v. The State (1988 PCr.LJ 1646) and Sajjad Hussain v. The State (PLD 1997 Karachi 165), referred to by the learned Additional Prosecutor General Punjab fortified the prosecution cause sufficiently. Not a fit case for grant of the relief prayed for. Dismissed. WA/S-68/L Bail refused.