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FIR against SECP officials quashed

Updated August 24, 2013

ISLAMABAD, Aug 23: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Friday quashed an FIR registered against the chairman and other senior officials of the Securities and Exchange Commission Pakistan (SECP).

The FIR had been registered by the Kohsar police on the complaint of SECP’s deputy director Rana Mustafa Yousaf.

Mr Mustafa had been appointed in the SECP last year but his job had not been confirmed even after the six-month probation period.

Therefore, as per his contract’s terms, Mustafa could not continue the job because his appointment had not been confirmed.

Consequently, Mustafa filed a petition in the IHC and obtained a stay order against the SECP.

However, when he went to the SECP building in Islamabad on June 28, he was stopped at the reception and was not allowed to enter the offices.

Mustafa then filed a complaint before the Kohsar police seeking registration of a case against SECP officials, but the police refused.

Therefore, he filed a petition before the additional sessions judge Islamabad.

Hearing the petition on August 3, the additional sessions judge ordered for an FIR to be registered against Chairman SECP Tahir Mehmood, Commissioner Zafar Abdullah and Director Abid Hussain.

In response, the SECP officials moved a petition in the IHC to quash the FIR and on August 6, the IHC suspended the session court’s order.

On Friday, deputy attorney general (DAG) Tariq Mehmood Jahangiri told the court that Mustafa should have filed a contempt of court petition when the session court’s order was not implemented. Instead, he had directly approached the police to register the FIR.

He said the FIR against SECP officials could not be registered as the court could only pass the appropriate order after Mustafa had filed a contempt petition against SECP officials.

The court, after hearing SECP, Mustafa and the federal government, quashed the said FIR.