2022 PLP 1200 (MLD)

AFTAB AHMED GORAR, J.

Through this Criminal Miscellaneous Application under Section 561-A, Cr.P.C., the applicant Zamir Ahmed Abbasi has approached this Court with prayer to set aside the impugned order dated 30.08.2019, passed by learned Special Judge, Anti-Corruption (Provincial) Karachi in Special Case No. 51/2019 arising out of Crime No.50/2019 under section 409/420/467/468/471/34, P.P.C. read with section 5(2) of Prevention of Corruption Act-II, 1947 registered with Police Station ACE, Karachi, whereby initiation of enquiry and disciplinary proceedings for misconduct and inefficiency was ordered against him.

2. Learned counsel for the applicant argued that impugned order is based on misreading of law and facts and the applicant has not committed any misconduct as mentioned in the impugned order. He further argued that the applicant by discharging his official duties has only forwarded the letter of the Additional Director (Legal) with recommendation for action in accordance with law and nothing else. He further contended that learned trial Judge has failed to appreciate and apply his judicial mind while handing down the impugned order. To support his contentions, learned counsel has relied upon the cases of Mst. Rehmat Bibi v. Ghulam Rasool and 4 others (2011 PCr.LJ 1994), J.M. Hayat Qureshi v. The State (PLD 1996 Karachi 388) and Shuja-ud-Din v. The State (1968 SCMR 1359).

3. Conversely, learned Deputy Prosecutor General, Sindh supported the impugned order and contended that impugned order is judicial one, which does not require any interference by this Court.

4. Heard learned counsel for the parties and perused the material available on record.

5. The case in hand hinges upon the letter dated 07.08.2019, of the applicant addressed to the Inspector Muhammad Uris Zardari Circle Officer, ACE Malir Karachi and before proceeding further it will be appropriate to reproduce the said letter as under:- To Insp. Muhammad Uris Zardari, Circle Officer, ACE Malir Karachi. Subject: CASE FIR NO.50/2019 of ACE KARACHI AGAINST DFC, MALIR MUHAMMAD ASLAM AND OTHERS. Enclosed please find a copy of letter No.16(KE)2019/9369-70, dated 06.08.2019, received from Additional Director (Legal) Sindh, proceed as per law while properly maintain column-II and IV against persons in blue ink or otherwise as per role. Sd/ (Zameer Ahmed Abbasi) Deputy Director Anti-Corruption Establishment East Zone Karachi

6. Reading of the above letter of applicant shows that while relying upon the letter of Additional Director (Legal) Sindh dated 06.08.2019, he issued directions to the Investigating Officer/Circle Officer to proceed as per law while properly maintain column-II & IV against persons in blue ink or otherwise as per role. The letter dated 06.08.2019, relied upon by the applicant is also reproduced here under:- To The Deputy Director, Anti-Corruption Establishment, East Zone Karachi. SUBJECT : CASE FIR NO.50/2019 OF ACE KARACHI AGAINST DFC, MALIR MUHAMMAD ASLAM AND OTHERS. Ref: Letter No.660 dated 05-08-2019. After legally examining your report and replies to the queries, following decisions are taken to be implemented:- a. Submit final challan before the Court to prosecute all the accused persons nominated in the interim challan. b. Separate case be prepared regarding Qamar Raza Baloch and others with specific recommendations for placement before competent authority/ACC-I. c. As proposed by you, enquiry regarding transport contractors be initiated as per ACE rules. d. Regarding variation in number of mills, request for post facto appraisal/approval may be placed before ACC-I. Relevant case papers are returned herewith. Sd/ (Rizwan Ahmed Tirmizi) Additional Director (Legal) For Director ACE Sindh Karachi

7. Reading of the above letter of Additional Director (Legal) Sindh dated 06.08.2019 clearly shows that in this letter nowhere regarding maintaining column-II & IV against persons in blue ink or otherwise as per role is mentioned and the applicant at his own had issued directions to the Investigating Officer/Circle officer. The record shows that on court question that was to why he had issued directions to the Investigating Officer for placing the names of persons in columns II and IV with blue ink despite of clearing directions of his superior he was not able to satisfy the court rather he replied evasively that he was not bound to follow the observations made by his superiors. The trial court in its order, impugned herein, has observed that the applicant is neither aware of etiquettes of his profession nor the provisions of law; it clearly appears that he has violated the directions of his superiors and such conduct of applicant amounts to misconduct and inefficiency on his part. In this background of the case, it appears that the applicant intended to shelter the actual culprits/accused persons, which requires stern action against him by conducting enquiry. The case laws relied upon by the learned counsel for the applicant are not applicable as the same are distinguishable to the facts and circumstances of the case in hand. As a sequel to the above, I am of the considered view that the learned trial court after examining the record has rightly recommended the stern action ordered enquiry against the applicant vide its order impugned herein, which order does not warrant any interference by this court. Resultantly, this Criminal Miscellaneous Application is dismissed. MH/Z-2/Sindh Application dismissed.