ORDER SHEET
IN THE HIGH COURT OF
SINDH AT KARACHI
C.P.
No.D-699 of 2017
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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For
orders as to maintainability
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17.05.2019
Ms.
Benazir Behan, advocate for petitioner
Mr.
Hakim Ali Shaikh, Addl:
Advocate General Sindh
Mr.
Muhammad Iqbal Awan, DPG
Mr.
Raj Ali Wahid Kanwar, advocate for respondent No.1
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Through instant petition, petitioner
Tufail Ahmed has prayed for the following reliefs:
(a)
To
uphold the lawful decision of the competent authority, i.e. Chairman
Anti-Corruption Committee (ACC-II) in a meeting held on 07.12.2016.
(b)
To
set aside the illegal orders passed by the Chairman, Anti-Corruption
Establishment (SGA&CD), Government of Sindh, in violation of the above
decision of the ACC-II and the existing Rules.
(c)
To
restrain the respondents No.2, 4, 5 and 7, their officials or anybody acting
for them or on their behalf from harassing the petitioner, without any
hindrance by the hands of the respondents except by due course of law.
(d)
To
restrain the Anti-Corruption authorities to not entertain the civil matters of
their friends against the private persons by deliberately involving innocent
and humble lower grade government servants.
(e)
To
direct the local police to ensure security from Mr. Shoaib
Ahmed Faridi, respondent No.1, as he has been
continuously threating the petitioner for reasons best known to him.
(f)
The
cost of the petition may be saddled upon the respondents.
(g)
Any
other relief(s) which this Honourable court deems
fit, just and proper may kindly be awarded in favour
of the petitioner.
Notices
were issued to the respondents as well as Advocate General Sindh. Comments are
filed by respondents 1 and 7.
Learned
counsel for the petitioner pointed out that FIR bearing Crime No.38/2019 has
been registered against the petitioner at P.S. ACE, Karachi for offences under
sections 420, 468, 471, 477-A, 34, PPC read with section 5(2) of the
Anti-Corruption Act of 1947 and after usual investigation, challan
has been submitted against the petitioner/accused before the learned Special
Judge, ACE (Provincial), Karachi and petitioner has obtained interim pre-arrest
bail. Counsel appearing for respondent No.1 submits that case is pending before
the competent court of law, which is to be decided by the trial court and
prayers made by the petitioner have become infructuous. Learned Additional Advocate
General Sindh as well as D.P.G. submit that after filing of the petition,
development is that case has been challaned against
the petitioner/accused before the competent court of law and the trial court
has to decide the case on merits. We have also looked into the prayer clauses.
Counsel for the petitioner has failed to satisfy the Court about the reliefs
which are claimed in the instant petition. Moreover, the petitioner has
approached this Court directly, without exhausting the remedy available to him
under the law. Consequently, the petition is without merits and the same is dismissed.
J U D G E
J
U D G E
Gulsher/PS