KARACHI, July 29: A division bench of the Sindh High Court has put the Deputy Prosecutor General of NAB and Advocate General Sindh on notice for Aug 16 to ascertain facts and submit report on constitutional petitions challenging alleged excesses by FIA, NAB and police officials.
The petitioners Dawood Khan, transporter, and Elyas Ameen, real estate businessman, were represented by Zafar Iqbal advocate before the bench comprising Justice Ataur Rahman and Justice Anwar Zaheer Jamali.
Petitioner Khan alleged that on June 26 he was forcibly taken over to a building opposite passport office by four men who had come to his place in a jeep. He claimed that Assistant Director FIA, Kamal Arshad Kiayani was present there.
He alleged that respondent Kiyani and inspector Jatoi started inquiring about the Plot No 13-A, SB-6 Abdullah Haroon Road, Karachi.
The Petitioner informed them that he is the owner of 50 per cent of the said plot by virtue of decree dated July 15, 1997, passed in Suit No 244/89. But respondents 1 & 2 insisted that the decreed Plot is the property of Alliance Motors and they were doubtful about the sanctity of the decree in favour of the petitioner.
The petitioner informed them that the decree had attained finality, which was already in the knowledge of respondent No 3 who was the Official Liquidator in J Misc No 1/89.
Respondent No 1 & 2 refused to hear the petitioner and allegedly started torturing him to surrender every claim ever the property and was forced to sign over blank papers. Respondent No 1 & 2 allegedly kept the petitioner in their illegal custody for night and produced him before Official assignee (respondent No 3) on June 27, who also took signature on certain documents.
Respondent No 3 told the respondents No 1, 2 and 4, Lt-Col Muhammad Khan of NAB, that he was contacting the Judge of High Court for placing all the documents before him, which were obtained from the petitioner by respondent No 1, 2 & 4 under coercion and duress.
At about 1.30pm respondent No 3, informed that the Judge would take up the matter on June 28 and petitioner was again escorted back to the FIA Cell. On the next day he was again brought to the SHC and was produced before Mr Justice S.A. Sarwana.
The petitioner alleged that while being brought before Justice Sarwana, he was told to remain silent otherwise he would be shot dead.
Justice S.A. Sarwana also did not ask any question from the petitioner. An Advocate, Mr Dilawar was also present with the respondent No 1 to 4 who under the instruction of these respondents identified the petitioner and some order was passed.
The petitioner alleged that he was also told by the respondent No 1 to 3 to not to approach any Court or institution otherwise his life and that of his family would become miserable.
It is the case of the petitioner that respondents No 1 to 4 have committed criminal offence by keeping him in unlawful confinement and also taking signatures on the papers under coercion.
The petitioner had approached respondent No 5 (SHO Shershah) for registering of case against them but no action was taken. It was contended by the petitioner that non-registration of the FIR against Respondents No 1 to 4 by the respondent No 5 is an act of omission against the fundamental rights of the petitioner.
The petitioner had therefore prayed for directing respondent No 5 to register FIR against the respondents No 1 to 4 for the offence committed by them and are dealt with according to the law.
Elyas Ameen was also picked up in a similar manner on the same day and was taken Police Station Gadap where one Mr Qazi who introduced himself to be the employee of NAB asked the petitioner to accompany him to the NAB Office Near Passport Office, Saddar.
When the petitioner asked from Mr Qazi whether he is in possession of any summons or warrant issued by the competent authority, he allegedly said that NAB people do not require such formalities.
Thereafter Mr Qazi took the petitioner to the FIA Office near Passport Office, Saddar, Karachi where the respondent No 1 and 2 were present and started interrogating the petitioner about plot No 13A, SB 5 Abdullah Haroon Road, Karachi.
It was alleged by the petitioner that his signature on the reference prepared by the respondent No 3 was obtained by the respondent No 1, 2 and 4 under coercion and duress when he was in their illegal custody.