C.P.No.D-837 of 2016
1.
For
orders on CMA-2254/2016
2.
For
orders on CMA-2255/2016
3.
For
Katcha Peshi
4.
For
hearing of CMA-2256/2016
02.03.2016
Mr. Qurban Ali Malano Advocate along with petitioners.
..................
1.
Granted.
2. Granted subject to all just
exceptions.
3&4. Learned
counsel for the petitioners submits that the NAB authorities visited the office
of petitioner No.1 Ayaz Ahmed s/o Atta Muhammad, XEN, Irrigation Department,
Khairpur Division East and West, District Khairpur, on 29.02.2016 and collected
the entire record, as detailed in call-up letter dated 29.02.2016, available at
page 19 as annexure “A”. Per learned counsel, the petitioners, wereneverissued
any call up notice prior to their visit at the office, whereas, such notice has
been received by petitioners only yesterday.Learned counsel submits that the
petitioners have never been informed about any inquiry or reference pending
against them, nor any opportunity has been provided to explain their case.
Learned counsel further submits that the petitioner No.1 assumed the charge of
XEN, Irrigation Khairpur Division in July, 2015, whereas, inquiry pertains to
the period of 2013-14 and 2014-15. Per learned counsel, the petitioners are
willing to cooperate in the inquiry/ investigation or Reference in respect of
allegations against the petitioners, however, some protection may be provided
to the petitioners, as there is apprehension that the NAB authorities will
arrest the petitioners which will cause serious humiliation and injury to the
petitioners.
Let notice be issued to the
respondents as well as DAG and SPP, NAB for 16.03.2016.In the meanwhile, the petitioners shall cooperate with
the NAB authorities in respect of any inquiry/Reference
pending against them, however, the respondents may not arrest the petitioners
till next date of hearing, unless there is some concrete material connecting
them with the alleged offence.
Petitioner No.1 and petitioner No.2
are directed to furnish solvent surety in the sum of Rs.5,00,000/- (five lac)
and Rs.2,00,000/- (two lac) respectively with PR bond in the like amount to the
satisfaction of Additional Registrar of this Court.
To come up on 16.03.2016.
JUDGE
JUDGE
N.M.