ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application No.956 Of 2009

Date Order with signature of Judge

For hearing.

17.12.2009.

Mr. Ch. Ghulam Nabi, Advocate for the applicant.

Mr. Aashiq Raza, DAG alongwith Investigation Officer

namely Inspector Muhammad Saeed.

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After arguing the matter at substantial length, the learned counsel for the applicant does not press this bail application but states that the applicant will be satisfied if a direction is given to the trial Court to dispose of the case as early as possible. Learned DAG has no objection to such request of the applicant's counsel. Therefore, by consent this Criminal Bail Application is disposed of by directing the trial Court to dispose of the case pending before it as early as possible preferably within a period of six months.

During the course of hearing and while examining the statements under Section 161 Cr.P.C. of Taj Muhammad Shah S/o. Syed Ghulam Muhammad Shah, Manager, HBL, Kabeerwala Branch; Abdul Rasheed S/o. Shah Muhammad, Manager, HBL, Dunga Bunga Branch, District Bhawalnagar; Muhammad Akram S/o. Muhammad Zafar, Operation Manager, HBL, Baldia Road Branch, Hasilpur, District Bahawalpur; Ishtiaq Ali S/o. Ashfaq Ali, Manager (Operation), HBL, Mandi Road Branch, Pak Pattan; Khizar Hayat S/o. Haji Gul Muhammad, Manager (Operation), HBL, Mian Channu Branch; Syed Iftikhar Ali S/o. Abbas Ali Shah, Manager (Operation), HBL, Mandi Branch, Okara; Shafiq Ahmed S/o. Malik Manzoor Ahmed, Operation Manager, HBL, Liaquat Pur Branch, District Rahimyar Khan; Syed Abid Raza Abidi S/o. Wazir Ali Abidi, Manager, HBL, Pasroor Branch, Region Sialkot and Saeed Iqbal S/o. Muhammad Ismail, Manager, HBL, Jahania, District Khaniwal all these persons on mere telephone calls from the Usman of HBL CMD Head Office, Karachi and Adeel Janjua of HBL CMD Head Office, Karachi have transferred the huge sums of money of NADRA, a Government body, to a private account of the applicant maintained at HBL, West Wharf Road Branch Karachi instead of having the said amount transferred to the NADRA account at HBL, Head Office, Karachi. The names of all these persons are not even mentioned or cited as witnesses in the interim challan dated 30.5.2009, which appears to have been treated as final challan by the Special Court (Offences in Banks) Sindh at Karachi.

Obviously, no matters of banks and more particularly of a Government body could be dealt with on mere telephone call and in particular where the question is of transfer of funds belonging to Government body from one established account to another could not at all be done without competent written communication.

It seems that all the nine witnesses whose statement under section 161 Cr.P.C. has been recorded and Usman and Adeel Janjua of HBL, CMD Head Office, Karachi are active accomplices in defrauding the funds of NADRA and apparently are liable to be proceeded against along with other accused in the case.

It may not be out of place to mention that such transaction could not have been possible without active connivance of the staff of HBL, West Wharf Road, Branch, Karachi and the staff of NIB Bank, West Wharf Road Branch Karachi who have allowed opening of accounts by the names of “NADRA IT Services” and “NADRA Network Support” in their respective branches.

It seems that investigation team of FIA, who have investigated this crime, has deliberately mis-investigated the matter and tried to give cover to the real persons who seem to be connected with the crime. We, therefore, direct the Director General, FIA, Islamabad to examine this case and entrust its reinvestigation to a person of integrity and in the event all these persons are found to be connected with the crime, to submit supplementary challan in Court for proceeding with the matter in accordance with law. The Director General is further directed to take appropriate action against the FIA investigation team who appears to have mis-investigated the offence. A report of Director General, FIA in this regard be submitted to MIT-I of this Court within a period of one month.

Office is directed to immediately send a copy of this order to Director General, FIA, Islamabad and also to learned trial court.

J U D G E