Sindh High Court. PHOTO: EXPRESS
A two-judge bench, comprising Chief Justice Ahmed Ali M Sheikh and Justice Muhammad Karim Khan Agha, pronounced their verdict on the bail applications, which was reserved on March 16 after hearing arguments from the parties.
While rarely exercising its constitutional jurisdiction in corruption references filed under the National Accountability Ordinance, the court confirmed their pre-arrest bail one the ground that "there may be tinges of malafide by NAB in including the petitioners in the references."
In August last year, the former secretary land utilization department Aftab Ahmed Memon, former administrator Karachi Rauf Akhtar Farooqi, secretary board of trustees of the SZABIST Dr Salman Shah and Najamuzzaman Khan of the Karachi Metropolitan Corporation had approached the court to seek bail to avoid arrest by the NAB.
The federal anti-graft watchdog had nominated them in an inquiry into alleged illegal allotment of five acres of the KMC Land to Szabist.
Advocate Shabeeh Ishrat Hussain, who represented Rauf Akhtar Farooqui had argued that when the alleged allotment was effected, his client was not posted as Karachi administrator, adding that he had taken charge of the post after the alleged allotment.
Farooqui neither singed the summary for allotment nor the allotment order, the lawyer argued, adding that the lay out plan of the buildings purported to have been constructed on the plot in question was not arrived or signed him as well.
The other petitioners were represented by Advocates Faiz H Shah, GN Qureshi, Ahmed Ali Ghumro and Ravi Pinjani, who also took similar pleas.
They had argued that no loss had occurred to the national exchequer nor any benefit accrued to any accused because the allotment in question was revoked by the government. They contended that their names had been included in the references with malafide.
Pronouncing their verdict, the CJ Ahmed Ali M Shaikh held there may be tinges of malafide by NAB and that the cases needed further inquiry.
Therefore, the bench confirmed interim bail earlier grated to the accused pending hearing of their petitions.
It is pertinent here that there is no provision of bail in NAB Ordinance," Advocate Shabeeh Ishrat Hussain told the journalists outside the courtroom. "Therefore, such petitions are heard and decided by the high court on its constitutional side of the jurisdiction," he added.
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