KARACHI: Case against ex-minister SHC orders quashment of AC proceedings
By Our Reporter
KARACHI, Oct 5: The Sindh High Court ordered on Friday quashment of proceedings in an accountability court against a former Sindh minister of food, Maqbool Ahmed Shaikh, in a NAB reference.
A division bench, comprising Justice S. A. Rabbani and Justice Faiz Mohammed Qureshi, allowing the application of Mr Shaikh, also held that this was a case where there was full justification for exercise of powers under section 561A of CrPC.
The applicant was minister of food and Agriculture in 1997, when the food department granted a contract to Hasan Ali of M/s Hasan Enterprises, for lifting and transportation of wheat to the food department at Karachi during a period when the government had imposed a ban on the movement of wheat from the interior of Sindh to Karachi.
With reference to the grant of this contract, NAB authorities filed reference No 46/2000 against Mr Shaikh, Hasan Ali, and two officers of the food department.
It was alleged in the reference that all the accused, in collusion and in connivance with one another, and in violation of law, through deceitful means, obtained an illegal end, wrongful gain, amounting to Rs1,38,85,700 and caused a huge loss to the public exchequer.
Mr Shaikh, represented by Barrister Kamal Azfar and Ali Ahmed Junejo, advocate, filed the application for quashment of the proceedings before the accountability court on the basis of the said reference. Notice of this application was given to the respondents and Raja Qureshi, the Advocate- General, Sindh, appeared on behalf of the government of Sindh. He also filed power of attorney on behalf of the other respondent, viz the National Accountability Bureau.
At the stage of arguments, advocates, appearing for the parties, were told that there was nothing in this case requiring it to be kept pending, after admission, and the whole matter might be decided finally at this stage.
When the matter came up for hearing on Friday before the High Court, counsel for the applicant, Barrister Kamal Azfar, submitted that as food minister at a given point in time it was his responsibility to make arrangement for food supplies to the people in Sindh.
As there was a wheat crisis in Karachi in those days, he arranged proper supply of the commodity to Karachi. He submitted that the applicant, by doing so, performed his duty under the law, and he had not violated any provision of law.
He further submitted that his conduct had not caused any financial loss to the public exchequer. He stated that the contract was not awarded by the applicant, but it was done by the food department in accordance with its normal functions.
Mr Azfar contended that practically there was no loss to the government, and the contractor had given an undertaking to safeguard the government stock and took the responsibility of all shortages. He submitted that a huge amount of the contractor was due to the government, and if there was any loss, it could be made good out of it.
He further submitted that earlier an inquiry was conducted in this behalf and the recommendation was for closing of the matter. Counsel for the applicant relied upon a number of authorities of the Supreme Court with regard to the jurisdiction of the High Court under section 561-A of CrPC in order to do real and substantial justice and to prevent the abuse of the process of the court.
Raja Qureshi, the Advocate-General, as well as the advocate for NAB authorities in this case submitted that the application might be admitted.
It was suggested to him that there appeared no wisdom in admitting this application and postponing it to a future date for the same decision that could be made even now. On this, he sought time to seek instructions from NAB authorities.
Mr Qureshi submitted that NAB authorities had instructed him to concede for admission of the application and for an order to stay the proceedings in the accountability court.
He further suggested that the applicant might also be granted bail for the period of pendency of the proceedings in the accountability court.
The AG, under the instructions of NAB authorities, submitted that the applicant had not caused any loss to the government and the loss was not caused by award of the disputed contract.
The reference filed by NAB authorities mentioned violation of law by the present applicant and other accused. The counsel appearing for the respondents was asked to specify the provisions of law that were violated. Mr Qureshi did not point out any provision of law that had been violated in this case by the applicant.
In a landmark judgment authored by Justice S. A. Rabbani, he held that in view of these facts, admission of this application, with grant of bail and stay of proceeding in the accountability court, was neither a rational nor a logical course.
