KARACHI, May 5: The Supreme Court issued on Wednesday notices in a petition moved by the Sindh High Court official assignee against a court order for registration of a case against him.
The impugned order was passed in August 2002 by a division bench, comprising Justices Sabihuddin Ahmed and S. Ali Aslam Jaffri, on a petition moved by Elyas Ameen against three National Accountability Bureau officials, including Lt-Col Mohammad Khan and Kamal Arshad Kiyani, Official Assignee Mohammad Bashir Memon and SHO of Gadap.
Mr Ameen had alleged in his petition that he and Dawood Khan were coerced into forgoing their claim to 2,208sq yard plot (No 13-A, SB-6) on Abdullah Haroon Road. The respondents, he alleged, made him sign a reference against him on the pain of life in the presence of a NAB prosecutor. He requested registration of a case against the respondents.
The SHC division bench passed a consent order directing the Gadap SHO to register a case against the respondents if commission of a cognizable offence was alleged. He was, however, asked not to make any arrest unless tangible material indicating reasonable ground of involvement in the offence was available.
Citing NAB officials and the Gadap SHO as respondents, Mr Bashir Memon submitted in his petition for leave to appeal against the order that he was neither involved in the commission of any offence, nor gave his consent to the impugned order for registration of an FIR.
He did not resort to coercion or threats. He said he was neither on notice nor heard. The plot, in fact, belonged to the defunct Alliance Motors and T.J. Ibrahim and Company, of which he was an official joint liquidator.
