ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Cr. Appeal No. 269 / 2006
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Date Order with signature of Judge
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1) For hearing of MA No. 5288/2016
2) For hearing of MA No. 3458/2008
3) For hearing of main case.
29.09.2016.
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None present for the appellant.
Mr. S. Israr Ali, Additional Director Legal, FIA
Ms. RahatAhsan, D.P.G.
Chaudhry M. Farooq, advocate for the NADRA
MirzaTanveer Ahmed, Inspector legal, FIA.
KhushnoodJaved for SSP East.
Inspector SafdarMashwani, SHO, Gulshan-e-Iqbal.
Learned Additional Director Legal, FIA has submitted certain documents from the police file of Crime No. 54/2002 registered atFIA Passport Cell, Karachi. However, during the last three months, despite repeated directions he has not been able to produce the court proceedings and final order after submission of challan dated 04.05.2002 by FIA before the Court of Judicial Magistrate, Karachi-East. By that time, the accused in Crime No. 54/2002 was also in police custody in another Crime No. 258/2002 of P.S. Gulshan-e-Iqbal where he was facing trial of a very heinous crime of human trafficking and around 15 children were recovered from his custody who were supposed to be smuggled by him out of Pakistan. The appellant/ accused on 20.05.2006was convicted by VI-Additional Sessions Judge, Karachi-East in Crime No. 258/2002 and after obtaining bail from the High Court under section 426, Cr.P.C. he jumped the bail. However the result of proceedings of Crime No. 54/2002 registered with FIAis still not known. In today’s report, he has informed that the file of Case No. 83/2002 originated from Crime No. 54/2002 is missing from the Court of relevant Magistrate.
Keeping in view the seriousness of the offence and the record suggesting that appellant was assisted by different government agencies in escaping from the country, I have already ordered an inquiry through SSP East to point out officials of FIA, NADRA, Passport Office and Police who helped the appellant/accused in his escape. Official record of Case No. 83/2002 of Judicial Magistrate, Karachi-East would be useful in the said inquiry to fix the liability of FIA staff, if any. At the time of lodging of FIR No. 54/2002, the appellant was already in jail and he was formally shown arrested in the said FIR also. Therefore, SSP, East should collect the information from the jail authorities as to when and how he was released from jail in Crime No. 54/2002 registered at FIA Passport Cell. As suggested by Mr. Israr Ali, District Judge, Karachi-East is directed to ensure tracing of Court Case No. 83/2002. The Secretary, Ministry of Interior, Government of Pakistan, Islamabad is directed to ensure issuance of Red Warrant against Dennis Charles son of Dick Marshal, at the earliest.
Adjourned to a date in office.
J U D G E