Constitutional Petition No.D-4394 of 2013
Present
Mr. Justice Aqeel Ahmed Abbasi
Mr. Justice Muhammad Junaid Ghaffar
Date of hearing : 25.06.2014
Date of order : 25.06.2014
Petitioner : Younus Rizwani through M/s Arshad Siraj
Memon, Hassan Sabir, Ayaz Ahmed
Ansari and Shahab Ahmad, Advocates.
Petitioner Younus Rizwani is present.
Respondents : Federation of Pakistan and others through
Mr. Salman Talibuddin, Additional Attorney General alongwith Syed Israr Ali, Additional Director, F.I.A. Mirza Tanveer, Assistant, Inspector Ali Hassan Zardari, I.O. of FIRs Nos.23 & 24 of 2013, Inspector Muhammad Sajjad Khan, I.O. of FIRs Nos. 25, 30 & 35 of 2013, S.I. Zahoor Ahmed Bajkani, I.O of FIRs Nos.26, 27, 33 & 34 of 2014, S.I. Irfan Ahmed Memon, I.O of FIRs Nos.28 & 29 of 2013, Inspector Anwar Shah Bukhari, I.O. of FIRs Nos.31, 32, 44 & 45 of 2013 and S.I. Ziaullah, I.O. of FIRs Nos.39 & 43 of 2013.
O R D E R
AQEEL AHMED ABBASI, J:- Through instant petition, the petitioner has alleged harassment by the respondents and has also expressed his grievance against registration of multiple FIRs by the F.I.A authorities in connection with one Inquiry i.e. Inquiry No.38/2012 and has prayed that the respondents may be directed to provide details of FIRs which have so far been registered against the petitioner and further directions may be issued to the respondents not to register any further F.I.R in respect of the aforesaid inquiry against the petitioner. Quashment of FIRs and the proceedings emanating therefrom has also been sought claimed by the petitioner.
2. Learned counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the instant crime inspite of the fact that neither he has signed any document of verification of claim, nor he is the beneficiary of alleged transactions(s).
3. Per learned counsel, the petitioner had resigned from the Chartered Accountant Firm which has been accused in the instant case, in the year 2006, whereas, the alleged transaction and the offence relates to January 2012 and onwards. Learned counsel for the petitioner submits that even in 27 F.I.Rs, which have so far been registered against the petitioner, and in the challan submitted by the F.I.A authorities no direct role has been assigned to the petitioner in respect of the alleged offence, whereas, the petitioner has never verified the claims regarding freight subsidy which has been impugned in the instant petition. It is further contended by the learned counsel for the petitioner that even otherwise in respect of one inquiry containing the same set of allegations through various transactions, instead of registering various F.I.Rs for each transaction the F.I.A authorities were required to register only one F.I.R in respect of one inquiry, whereas, for several transactions they could have file supplementary challan(s) before the learned trial Court in order to avoid harassment to the petitioner, who has been forced to obtain bail in each and every F.I.R which has caused serious injury and financial burden upon the petitioner who is otherwise innocent. Learned counsel for the petitioner while concluding his arguments has submitted that the respondents may be restrained from registering further false FIRs against the petitioner pursuant to the aforesaid inquiry, whereas, the FIRs so far registered and the proceedings emanating from such FIRs, may be quashed in respect of the petitioner, who is neither the beneficiary of the alleged transactions nor any material has been produced by the prosecution against the petitioner which may implicate him with the alleged crime.
3. Notices were issued to the respondents, pursuant to which Syed Israr Ali, Additional Director, F.I.A, Mirza Tanveer Ahmed, Assistant and Investigating Officers, namely, Inspector Ali Hassan Zardari, Inspector Muhammad Sajjad Khan, S.I. Zahoor Ahmed Bajkani, S.I. Irfan Ahmed Memon, Inspector Anwar Shah Bukhari and S.I. Ziaullah, have shown appearance along with Mr. Salman Talibuddin, learned Additional Attorney General.
4. Learned Additional Attorney General, after hearing the arguments of the learned counsel for the petitioner and examining the available record, submits that since, certain disputed facts are involved in the instant petition which require scrutiny and evidence by the learned trial Court, whereas, interim challans have been submitted before the trial Court and the petitioner is attending the trail Court, therefore, per learned Additional Attorney General, it will be appropriate that instead of entertaining the request of the petitioner for quashment of FIRs and the proceedings emanating therefrom, petitioner may be directed to attend the trial Court and to file appropriate application for redressal of his grievances in accordance with law. However, learned Additional Attorney General under instructions of Syed Israr Ali, Additional Director, F.I.A and the I.Os of the case has candidly conceded that in order to avoid further humiliation and injury to the petitioner, who has already obtained bails in 27 FIRs pursuant to one inquiry in respect of different transactions, the respondents will not register further FIRs and will not arrest the petitioner in respect of further FIRs, if any, which would have so far been registered against the petitioner, provided the petitioner may join the investigation and continue to attend the learned trial Court. It has been submitted that instant petition may be disposed of in the above terms.
5. Learned counsel for the petitioner, in view of such candid statement by the learned Additional Attorney General, does not oppose the disposal of the instant petition in the aforesaid terms, however, it has been contended that such disposal of instant petition will be without prejudice to the petitioner’s claim regarding his innocence and his false involvement in the alleged crime, whereas, per learned counsel, the petitioner may be allowed to seek the redressal of grievance by filing appropriate proceedings before the proper Court of jurisdiction in accordance with law, including quashment of FIRs and the proceedings emanating therefrom.
6. Accordingly, instant petition is being disposed of by consent with directions to the respondents not to register further FIRs against the petitioner Younus Rizwani Shaikh pursuant to Inquiry No.38 of 2012 nor he shall be arrested in respect of those F.I.Rs, which would have so far been registered against him pursuant to aforesaid inquiry. However, the petitioner shall join the investigation and continue to attend the learned trial Court and shall be at liberty to file appropriate proceedings seeking quashment of the FIRs and the proceedings in accordance with law before the proper Court of jurisdiction in accordance with law.
The petition stands disposed of in the above terms alongwith listed application.
J U D G E
J U D G E