ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-1548 of 2013

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Date Order with signature(s) of Judge(s)

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1) For orders on CMA No.7851/2013 (U/A)

2) For orders on CMA No.7852/2013 (Ex/A)

3) For Katcha Peshi

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17.04.2013

Mr. Jawaid Ahmed Rajput, Advocate alongwith Petitioner

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1) Urgent application is allowed.

2) Exemption Application is allowed subject to all just exceptions.

3) It is inter alia contended that NAB has issued call up notice to the Petitioner without disclosing the particulars of the inquiry/investigation. It is submitted that petitioner is being harassed by the NAB authorities, serious malafide against the NAB has been alleged.

Without touching the merits, interim pre-arrest bail is granted to the Petitioner subject to his furnishing solvent surety in the sum of Rs.200,000/- and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court. Petitioner/accused is directed to join investigation. Notice to the Respondents, Special Prosecutor NAB as well as D.A.G. for 24^th April 2013 for confirmation of bail or otherwise.

Petitioner Rao Mubashar Ali by filing the instant petition has prayed for the following reliefs:

(A) Declare that act of official Respondent No.1 to 4 for so-called reinvestigation is illegal, unlawful and unwarranted and Respondent No.4 has no authority to obtain cheque and call the petitioner.

(B) Direct the official Respondents not to harass the petitioner in any manner whatsoever and provide protection to the petitioner.

(D) Cost of the petition.

Notice was issued to the Respondents as well as Advocate General Sindh.

Mr. Khursheed Javed, Advocate for the Petitioner argued that challan in Crime No.142/2012 under Section 489-F PPC has been submitted before the competent Court of law. He further argued that on application of Kaleem Ahmad Rizvi, brother of accused, reinvestigation has been ordered by the A.I.G.P. Sindh. He has submitted that after submission of challan order of reinvestigation without permission of the trial Court is against the law and it is colourful exercise of the powers.

Mr. Sher Muhammad Shaikh, Additional Advocate General Sindh argued that the police is empowered to reinvestigate the case even after submission of challan. However, Mr. Shahzado Saleem Nahiyoon, learned A.P.G. did not support the order of A.I.G.P. for reinvestigation of the case.

We have carefully heard the learned counsel for the parties and perused the relevant record.

It appears that in this case FIR No.412/2012 under 489-F PPC was lodged at Police Station Bahadur Abad against Fahim Ahmad Rizvi on 14.04.2012, after usual investigation challan was submitted against the accused under Section 512 Cr.PC on 07.09.2012. On application of brother of accused Faheem Ahmad Rizvi, I.G. Police Sindh ordered reinvestigation on 07.09.2012. In our considered view, order for reinvestigation of crime is colourful exercise of powers for the reasons that Court of competent jurisdiction has already taken cognizance of case and permission from trial Court for reinvestigation was not obtained. It may be mentioned here that accused involved in this case is absconding and fugitive from law and in his absence his brother has moved application before I.G. Police Sindh for reinvestigation without disclosing sufficient cause for reinvestigation. Order passed by I.G. Police appears to be colourful exercise of powers without legal justification, the same is declared to have been passed without any lawful authority and is set aside with direction to the trial Court to proceed against the absconding accused in accordance with law.

The petition stands disposed of accordingly.

JUDGE

Gulsher/PA