1995 PLP 1082 (SCMR)

‑‑‑‑Art. 186‑A‑‑‑Penal Code (XLV of 1860), S. 403/409‑‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑‑‑Accused had sought transfer of his application for pre‑arrest bail from High Court of Sindh to any other High Court within country on the ground of serious apprehension of his arrest and danger to his life in Sindh Province‑‑‑Interim bail granted to accused by Supreme Court in view of immediate apprehension of his arrest was directed to continue to operate as protective bail for two weeks or till his surrender before Sindh High Court whichever was earlier‑‑‑Constitutional petition was disposed of accordingly.‑‑‑[Bail]. Imam Ali G. Kazi, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner. Qurban Ali Chohan, Advocate‑General Sindh with Raja Abdul Ghafoor, Advocate‑on‑Record for the State. Date of hearing: 20th December, 1994. SAJJAD ALI SHAH, C.J.‑‑‑Petitioner before us has filed this Constitution petition under Article 186‑A of the Constitution, seeking transfer of hearing of his application for bail before arrest from the High Court of Sindh to any other High Court within country on the ground that he is unable to surrender before that Court as he very seriously apprehends his arrest and danger to his life if he made any attempt to enter the Province of Sindh. According to him he fears political victimization as he belongs to District Dadu, which is also district of the sitting Chief Minister of Sindh and two other ministers of his cabinet. It is submitted on his behalf that he belongs to Muslim League (N) and had invited Mr. Nawaz Sharif to Dadu and Larkana, where he got very big receptions and addressed public meetings, and such action is profoundly resented by the Government of Sindh.

2. F.I.R. No. 24/93 has been registered on 3‑4‑1994 by the Anti Corruption Establishment, Karachi against the petitioner for offences under sections 403, 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act II of 1947 in which it is alleged that in the previous Government petitioner as the Finance Minister Sindh allocated Rs.20 lacs to the Board of Revenue for advancement of Taqavi loans to the agriculturists and during disbursement loan of Rs.5 lacs has been found to be advanced to near relatives of the petitioner. For investigation of that case houses of the petitioner and his near' relatives are being raided by the police and members of the Investigating Agencies with the manifest purpose of causing harassment, In support of the assertion made on behalf of the petitioner, affidavits of his father, mother and wife are filed, which are on the record.

3. On 13‑12‑1994 after hearing the learned counsel for the petitioner, interim bail was granted by this Court as petitioner had complained that attempts were being made for his arrest in Islamabad. Notice was also issued to the Advocate‑General, Sindh for his appearance in the Court for today, who has appeared in the Court and has said that he had no objection if protective bail is granted to the petitioner to enable him to appear before the High Court of Sindh to pursue his bail application. Learned Advocate‑General has further given assurance that the petitioner will not be arrested till his surrender before the High Court.

4. In the circumstances we direct that order of bail passed in favour of the petitioner by this Court earlier would continue to operate as protective bail for two weeks from today or till the petitioner surrenders before the High Court of Sindh, whichever is earlier in point of time. The Constitution petition is disposed of in terms stated above. N.H.Q./L‑81/S Order accordingly.