SC asks LHC to initiate action against seven civil judges
Issues order on basis of a report on alleged embezzlement of money deposited by a widow
Justice Sardar Tariq Masood, who penned the written order, noted that lower courts had already given a lenient sentence because of Haq’s young age. PHOTO: AFP
ISLAMABAD:
The Supreme Court has asked the Lahore High Court (LHC) to initiate action against seven civil judges, whose negligence resulted in alleged misappropriation of Rs14 million of a widow and her children.
The SC’s three-judge bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, also directed the Punjab police to compensate the widow and her children by paying them Rs141, 00,000. The order was issued after Lahore’s District & Session judge Abid Hussain Quraishi submitted a report on the case.
The CJP had directed the sessions judge to probe into the matter after Nabeela Saleem and her children moved an application to the CJP for taking action over illegal withdrawal of the money, deposited by them in the court during hearing of a civil suit in 2004.
The judge while submitting his two-page report said a civil judge on April 7, 2004 directed the plaintiff to deposit the remaining sale price which was admittedly Rs141,00,000. This amount was deposited on May 10, 2004 and the suit was decreed on June 15, 2005.
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“Record shows that Rana Ishtiaq Civil Nazir Civil Courts Lahore got issued frequently two refund vouchers in his name from two different civil judges to the tune of 41,00,000 on July 27, 2004 and October 2004 respectively,” said the report.
Subsequently through different refund vouchers, rest of the amount, already deposited was received by different persons including Rana Ishtiaq and different civil judges working in Lahore at the relevant time.
In the report, names of seven civil judges have also been mentioned along with complete record of each refund voucher. A total of 13 vouchers were deposited.
The report said none of the payment out of the said 13 refund vouchers was ever made in favour of the complainant or other legal heirs of deceased Saleem Shahid, spouse of the applicant.
“It was a calculated fraud on the part of said Rana Ishtaiq Civil Nazir against whom a criminal case was registered with Anti-Corruption Establishment for embezzlement who was also involved in number of identical cases of embezzlement.”
The report said Rana Ishtiaq has died and his pensionary benefits stand forfeited but the amount so embezzled has not been recovered so far and the complainant has not been compensated.
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The sessions judge recommended to compensate the complainant for the financial loss. The judge in his report also found the ‘grave negligence’ and inapt exercise of judicial powers by concerned civil judges who recklessly issued refund vouchers in favour of irrelevant persons.
"The role of Alhemds [court staff], attached to said civil courts at the relevant time, is also dubious as well as concerned officials of Treasury Office because without their active involvement, such a fraud could not be accomplished,” it said.
It said the record of files of the case is also missing which showed that it is some conscious attempt on the part of civil nazir and others involved in sordid episode.
The Supreme Court has asked the Lahore High Court (LHC) to initiate action against seven civil judges, whose negligence resulted in alleged misappropriation of Rs14 million of a widow and her children.
The SC’s three-judge bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, also directed the Punjab police to compensate the widow and her children by paying them Rs141, 00,000. The order was issued after Lahore’s District & Session judge Abid Hussain Quraishi submitted a report on the case.
The CJP had directed the sessions judge to probe into the matter after Nabeela Saleem and her children moved an application to the CJP for taking action over illegal withdrawal of the money, deposited by them in the court during hearing of a civil suit in 2004.
The judge while submitting his two-page report said a civil judge on April 7, 2004 directed the plaintiff to deposit the remaining sale price which was admittedly Rs141,00,000. This amount was deposited on May 10, 2004 and the suit was decreed on June 15, 2005.
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“Record shows that Rana Ishtiaq Civil Nazir Civil Courts Lahore got issued frequently two refund vouchers in his name from two different civil judges to the tune of 41,00,000 on July 27, 2004 and October 2004 respectively,” said the report.
Subsequently through different refund vouchers, rest of the amount, already deposited was received by different persons including Rana Ishtiaq and different civil judges working in Lahore at the relevant time.
In the report, names of seven civil judges have also been mentioned along with complete record of each refund voucher. A total of 13 vouchers were deposited.
The report said none of the payment out of the said 13 refund vouchers was ever made in favour of the complainant or other legal heirs of deceased Saleem Shahid, spouse of the applicant.
“It was a calculated fraud on the part of said Rana Ishtaiq Civil Nazir against whom a criminal case was registered with Anti-Corruption Establishment for embezzlement who was also involved in number of identical cases of embezzlement.”
The report said Rana Ishtiaq has died and his pensionary benefits stand forfeited but the amount so embezzled has not been recovered so far and the complainant has not been compensated.
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The sessions judge recommended to compensate the complainant for the financial loss. The judge in his report also found the ‘grave negligence’ and inapt exercise of judicial powers by concerned civil judges who recklessly issued refund vouchers in favour of irrelevant persons.
"The role of Alhemds [court staff], attached to said civil courts at the relevant time, is also dubious as well as concerned officials of Treasury Office because without their active involvement, such a fraud could not be accomplished,” it said.
It said the record of files of the case is also missing which showed that it is some conscious attempt on the part of civil nazir and others involved in sordid episode.