1994 P Cr (PLP)

This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, read with Laws (Continuance in Force) Order No.l of 1977, seeks a declaration that the registration of case F.I.R. No.53/79, dated 15-5-1979 under section 420/468/471/109, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947; registered at Police Station F.I.A., Faisalabad with respect to the irregularities/illegalities pertaining to the implementation of Land Reforms under Martial Law Regulation No.115 in respect of the estate of late Malik Sher Ahmad Gheba be quashed.

2. On 24-2-1989 the following order was passed by this Court:-- "Mr. Khalid Ranjha, petitioner No.l in person. Mr. Muhammad Akbar Tarar, Advocate for Petitioners Nos.l to

5. Mr. Maqbool Elahi Malik, Advocate-General. This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 read with Laws (Continuance in Force) Order No. l of 1977. (2) The grievance of the petitioners is that the Federal Investigating Agency had launched criminal proceedings against 17 Zamindars including Malik Sher Ahmad Gheba upon a complaint made by a deputation to the then Chief Martial Law Administrator on his visit to Sargodha, regarding disposition of cases under Martial Law Regulation No.115. In consequence, the Federal Investigating Agency, Faisalabad, vide F.I.R. No.53/79, registered a case against the petitioners under section 420/468/471/109, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, at Police Station F.I.A., Faisalabad, with regard to the irregularities/illegalities pertaining to the implementation of Land Reforms under Martial Law Regulation No.115 in respect of the estate of the Malik Sher Ahmad Gheba. (3) Report was called for from the Deputy Land Commissioner, Sargodha, by order, dated 25-7-1979 of this Court. It has been stated in the report that no complaint under section 31 of the Land Reforms Regulation had been lodged in violation of Martial Law Regulation No.115 regarding the will of the Malik Sher Ahmad Gheba. (4) In the circumstances, the learned counsel for the petitioners vehemently contended that the Federal Investigating Agency had no jurisdiction to proceed in the matter and the prosecution launched against the petitioners is mala fide.. In this background, the Investigating Officer was directed to appear before this Court alongwith the relevant record, by order, dated 25-6-1979. Notwithstanding this order, the Investigating Officer has failed to appear before the Court although several adjournments have been granted, as is apparent from the Order-sheet of this Court, dated 10-7-1979, 17-9-1979, 6-10-1979, 17-10-1979, 10-i1-1979, 15-12-1979, 21-1-1980, 27-1-1980, 3-2-1980, 27-4-1980 and 17-5-1980. In this view of the matter, the writ petition was admitted to a regular hearing on 29-10-1980 to examine the q estion whether the matter could be reopened after it has been decided finally by a competant Court. Thereafter, the matter was fixed for arguments on 29-9-1988, but due to accident met by Dr. Khalid Ranjha, petitioner No.l, the case was adjourned to be fixed in the month of December, 1988. (5) The learned Advocate-General submits that the F.I.R. was not lodged at the instance or the direction of the Provincial Land Commission authorities but were initiated on the instructions of the Martial Law Authorities and, therefore, the Land Commission itself has nothing to do with this case- As to the Federal Investigating Agency, it is stated in the report dated 13-6-1979 that `the cases are still under investigation and it will not be possible for the Investigating Officer to give definite opinion regarding the facts and merits of the case at this stage. The same shall, however, be submitted to this Court when the investigation is completed'. Thereafter, the F.I.A./respondents did not appear before this Court to defend the writ petition. In the interest of justice, I have sent for Syed Niaz Ali Shah, Standing Counsel to the Government of Pakistan, to assist the Court, after seeking instructions from the Federal' Investigating Agency. The case is adjourned to 5-2-1989, on which date the Investigating Officer of the Federal Investigating Agency, Lahore, shall appear in the Court alongwith the relevant record of the case. The O.S.D. (Judicial) as well as the learned Advocate-General and the Standing Counsel shall inform the Director, F.IA., Lahore, of this order. No one, however, appeared on the next date of hearing. Consequently, the case was again adjourned twice. Mr. Shaukat Masood, Sub-Inspector, Federal Investigating Agency, has entered appearance today. He submits that he does not know any particulars of this case.

3. Be that as it may, it is an admitted fact that no complaint was lodged against the petitioners at the direction of the Provincial Land Authorities. Proceedings against the petitioners were initiated on the instructions of Martial Law Administrator, but no progress has been made in the investigation despite lapse of 15 years. On this short ground alone, the impugned F.I.R. is liable to be quashed as it tantamounts to abuse of powers vested in the State functionaries. In view of the above, the impugned F.I.R. is declared as without lawful authority and of no legal effect. The writ petition is accepted, but there shall be no order as to costs. N.H.Q./K-152/L Petition accepted.