C.P.No.D-1888  of  2016

 

1.    For orders on office objection

2.    For orders on CMA-5131/2016

3.    For orders on CMA-5132/2016

4.    For Katcha Peshi

 

03.05.2016

 

Mr. Ghulam Shabir Shar advocate along with petitioner.

                                    ...............

 

1.                     Deferred.

2.                     Granted.

3.                     Granted subject to all just exceptions.

4.                    It is, inter alia, contended by learned counsel for the petitioner that petitioner is innocent, who has retired from service in the year 2014 after having attained the age of superannuation, however, NAB authorities in the garb of inquiry/investigation on the allegation of misappropriation of funds in the office of TMA Bhiria city District Naushahro Feroze, has started to cause harassment to the petitioner by issuing call up notice under Section 19 of National Accountability Ordinance, 1999 , whereas, petitioner has already attended the inquiry pursuant to such call-up notices issued from time to time in this regard. However, per learned counsel, recently, the NAB authorities have raided the house of the petitioner, whereas, it has been learnt that warrants of arrest have been issued by the Director General NAB, Sukkur. Per learned counsel, the Reference has also been filed before Accountability Court, however, number has not been assigned to such reference. Learned counsel further submits that petitioner is a heard patient, who has no nexus with the alleged corruption, however, petitioner is still willing to join investigation, if any, and to attend the learned trial Court provided, some protection against his arrest may be given to the petitioner as there is serious apprehension that the petitioner will be arrested by the NAB authorities which will cause serious humiliation and injury to the reputation of petitioner.

 

            Let notice be issued to the respondents as well as DAG and Special Prosecutor, NAB for 18.05.2016, in the meanwhile, the respondents may not arrest the petitioner, however, subject to his furnishing a solvent surety in the sum of Rs.5,00,000/- (five lac) and PR bond in the like amount to the satisfaction of Additional Registrar of this Court. In the meanwhile, operation of warrant of arrest issued by the Director General NAB, Sukkur shall remain suspended, however, petitioner shall attend the trial Court.

 

 

 

                                                                                   JUDGE

 

                                                JUDGE

N.M.