ORDER SHEET
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DATE ORDER WITH SIGNATURE OF JUDGE
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17-4-2008.
Mr. Farooq Hayat, Advocate for petitioners.
Mr. Ch. Muhammad Iqbal, ADPG for NAB.
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The petitioners seek post-arrest bail in Reference No.78/2007, pending before Administrative Judge, Accountability Court, Karachi.
Brief facts of the reference are that in the year 2003 petitioner alongwith Syed Qamar Mehdi and Abdullah Abbasi (Approver) were posted as District Education Officer Supervisor and Accountant in City district Government Karachi, it was alleged that the accused being holder of public office committed corruption and corrupt practice. Government has allocated a sum of Rs.77.623 Million under Schools Management Committee Fund at the rate of Rs.167 per student for distribution amongst the Government and Local Primary Schools, Karachi in accordance with the policy under the orders of Secretary, Education funds were released by Finance Department, in the official account of District Coordination Officer, for further allocation to Executive District Officer (Education) City District Government Karachi as per investigation report on 8-6-2002, one year prior to the allocation of school fund petitioner by misrepresentation of designation had chosen, subordinate staff to open 05 bank accounts under the title of (SMC Funds) and authorized them to operate these bank accounts. Abdullah Abbasi was tendered pardon for true disclosure of circumstances, he was called upon to sign the bearers cheques, resultantly 502 cheques were signed by co-accused on the direction of the petitioner, which were filled up with the accounts number in words and figures leaving payees column and the date blank. From para-10 of the reference it is revealed:
“That the evidence collected during investigation establishes that accused No.1 with the aid and assistance of accused No.2 and said Abdullah Abbasi on the basis of bearer cheques fraudulently or dishonestly misappropriated an amount of sRs.15,608 million entrusted to them and thus by corrupt, dishonest or illegal means obtained pecuniary advantage. Further accused No.1 misused his authority to gain undue benefit and willfully failed to exercise the authority to prevent the grant of undue benefit. The accused thereby committed the offence of corruption and corrupt practices as defined in clauses (iii), (iv)and (xii) of section 9(a), punishable under section 10(a) of National Accountability Ordinance, 1999.
We have heard learned counsel appearing for the petitioner as well as ADGP, NAB, perused record of the case.
Learned counsel for the petitioner contends that during the investigation Anwaar Ahmed Zai, the then E.D.O (Education), Abdullah Abbasi, Ejaz Ali Soomro, Syed Hatim Aziz, Abdul Raees and Ali Muhammad Soomro were examined by Judicial Magistrate, Karachi (South) under section 164 Cr.P.C suggesting implication of the petitioner in the commission of crime and the statement of approver Abdullah Abbasi was procured to involve the real culprits in the commission of crime. It is urged petitioner had neither signed cheques nor distributed the cheques amongst third parties, so much so the accounts were opened in the name of other persons who were operating the entire amount, petitioner cannot be held responsible for misappropriation of the funds of School Management Committee, during the year 2003 to be distributed amongst the Government of Local Primary Schools in Karachi.
Learned counsel for the NAB contends that the petitioner being a custodian of Government resources committed breach of trust in connivance with co-accused Syed Qamar Mehdi and approver Abdullah Abbasi, statement of Ashraf Nizam, Manager Operation, UBL, disclosed that petitioner has opened Account No.010-0834-9 through his official letters, through his nominee Mst. Shamim Akhtar Zaidi, Syed Qamar Mehdi and Abdullah Abbasi were authorized signatories Mst. Farzana, Manager FWB Nazimabad Branch has confirmed that Account No.111-4-7 was opened in the year 2002 by the petitioner with his covering letters nominated his subordinates a signatories. So much so in Habib Bank Limited, Rizvia Society Branch Account No.280-37 was opened under the letter of petitioner with due authorization to his subordinate and several others accounts were opened in similar manner. It is urged that the petitioner being mastermind had misappropriated substantial amount thereby caused loss to Government exchequer. It is also revealed from the investigation report that petitioner withdrew sum of Rs.15,608,009.00 in cash/bearers cheques in the year 2003 through his staff/associates for School Management Committee.
It is pointed out that the petitioner being District Officer was responsible to disburse the funds per rule 12 of Government of Sindh (Education Department) Notification SMC Bank Accounts were required to be approved by Finance Department, Government of Sindh. Muhammad Azam Khan, serving as officer of National Bank of Pakistan has candidly stated in his statement under section 161 Cr.P.C that bearer/opened cheques was the responsibility of issuing authority cheques in this case were cleared on good faith due to presence of the government account and introduction by the petitioner had opened official account.
We have carefully considered the arguments advanced at bar.
Prima facie, it is revealed that the petitioner was required to disburse funds through cross cheques to the authorized officers of the schools according to the list provided to the petitioner for obtaining funds from Education District Officer’s office, he had misused the authority committed the alleged offence in connivance with co-accused had caused loss to exchequer as is evidence from the statement of approve Abdullah Abbasi, disclosed in his statement under section 26 of Ordinance 1999, whereby he was compelled to hand over 05 five cheques books of 100 pages properly filled per the list leaving payee columns is blank. All the cheques subsequently withdrawn through cash payment, the bearer holder of the cheque was required to provide identity card before getting the cheque in cash, the bar was removed to the bank officials after clarification by the petitioner whereafter the amount was released by the bank. Prima facie there is sufficient evidence suggesting that the government exchequer was misappropriated by the petitioner in connivance with co-accused through misappropriation forgery and fraud by way of preparation of fake list regarding enhanced enrolment through his computer record allowing his subordinate as operator of his official bank account, which manifestly shows that the petitioner has obtained pecuniary benefit out of fraud embezzled government exchequer.
In view of the above discussion, we are not inclined to grant post-arrest bail to the petitioner.
Petition No.D-7/2008 hereby dismissed accordingly.
JUDGE
JUDGE