ORDER SHEETBB
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DATE ORDER WITH SIGNATURE OF JUDGE
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1. For katcha peshi.
2. For hearing CMA No.6919/07.
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10.3.2008.
Mr. Aamir Raza Naqvi, advocate for petitioner.
Mr. Muhammad Ali Waris, ADPG for NAB.
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This petition has been preferred, on the basis of letters received from the Respondent’s officials, Syed Sajid Hussain, conducting an inquiry for commission of offences of corruption and corrupt practices under section 9-A, National Accountability Ordinance, 1999. The petitioner through his counsel replied the letters conveyed that the allegations are baseless, inquiry was not conducted by legally authorized Officer in accordance with law. It is averred that the respondent officials, on the pretext of authorization order of Chairman, NAB are causing interference in private matter, pressurizing the petitioner, to join investigation in connection with sale transaction of the property with one Aun Saieed Hashmi attorney, Hayat Shah Kazmi and partners Mubarak Ali son of Rahim Bhai Mubarkat Ali son of Rajab Ali, Barkat Ali s/o Jaffer Ali.
Mr. Aamir Raza Naqvi, learned counsel for the petitioner has contended that there is no material available before the Chairman of NAB to form an opinion for the purpose of conducting investigation and authorization. Neither the petitioner nor any other person is required to appear before the investigating agency, resorted to have issued the letters basis of the petition. The petitioner has resorted to constitutional jurisdiction praying for the following relief:-
A) Direct the officials of respondent no.1 to act in accordance with the law.
B) Direct the respondent No.1 to provide order of authorization for inquiry and investigation in the mater in which annexure ‘A’ ‘C’ and ‘D’ were issued to the petitioner.
C) Direct the respondent no.1 to provide the petitioner or place the material before this Hon’ble Court on the basis of which the Chairman of respondent No.1 or any other officer has formed his opinion that the matters requires inquiry or investigation.
D) Declare the annexure ‘A’ ‘C’ and ‘D’ to the memo petition were issued without lawful authority and therefore have no legal effect.
E) Declare that calling of petitioner in the office of NAB and asking him to submit material pertaining to a matter purely of a civil nature is without jurisdiction and therefore void.
- Any other relief which this Hon’ble Court deem fit and proper in the circumstances of the case.
When confronted with the above position, learned counsel appearing for the NAB has invited our attention to parawise comments that the allegations are false per se.
The main grievance of the petitioner seems to be in connection with authorization entrusted to the Messrs. Saleem Ahmed and Salahuddin Mughal, Investigation Officers.
When confronted with the above position, Mr. Muhammad Ali Waris, ADGP has undertaken that authorization letter for holding inquiry alongwith available material shall be provided to the learned counsel for petitioner within 10 days hereof. Learned counsel for the petitioner seems to have been satisfied from the above undertaking, does not press the petition, hereby stands disposed of in above terms.
Judge
Judge