IN THE HIGH COURT OF SINDH AT KARACHI

Present:

Mr. Justice Nadeem Akhtar

Mr. Justice Fahim Ahmed Siddiqui

C.P.No. D - 932 of 2015

President, Gharib Nawaz Colony...……………...…………………..Petitioner

Versus

Government of Sindh and 03 others.…………..……………….Respondents

Date of Hearing : 15.02.2017

Mr. Qadir Hussain Khan, advocate for the petitioner

Mr. Muhammad Jamil, advocate for respondent No.2 and 3

Mr. Loung Khan Chandio, advocate for the intervener

Mr. Asadullah Lashari, State Counsel

J U D G M E N T

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FAHIM AHMED SIDDIQUI, J: Through the instant petition, the petitioner has sought relief against the respondents for fresh demarcation and NOC for lease of plots in their locality viz. Khwaja Ghareeb Nawaz Colony.

2. The petitioner was put on notice to explain about the maintainability of the instant petition as it was not filed by a legal person. On different dates of hearing, the counsel for the petitioner requested for time and he could not prefer his submissions on the question of maintainability. Meanwhile, the intervener namely Gareeb Nawaz Society filed an application under Order I Rule 10 with request to be impleaded as party by pointing out that petitioner Rasheed Ahmed has no locus-standi and he is not the president of Ghareeb Nawaz Colony and he has filed a false and fabricated registration certificate. We also checked the copy of the registration certificate and found it dubious. In these circumstances, an order was passed on 27-01-2017 in which office was directed to send the copy of the said certificate of registration to the allegedly issuing authority i.e. Provincial Assistant Registrar, Joint Stock Companies Sindh for verification. The matter was taken up today and special counsel for the State placed the latter of Provincial Assistant Registrar, Joint Stock Companies, Sindh, Karachi, in which it was categorically stated that the said registration certificate bearing No.KAR-1004, dated 14.01.2012 is a forged and fabricated document and the same was not issued by their office.

3. When the counsel for the petitioner was asked to explain this issue, he could not be able to say anything and requested for condonation of the fault of his client. The petitioner Rasheed Ahmed son of Sami Ahmed was also not able to explain the situation. However, he emphasized that the document is genuine and he also placed the copy of Sindh Government Gazette of July 18, 2013 No. 29 as well as a notification of the Sindh Katchi Abadi Authority, dated 10th April 2013. We have examined both the documents and shocked to see that both are interpolated by inserting name of said Rasheed Ahmed with typographic letters. The counsel for the petitioner requested to allow him to withdraw the petition but his request was turned down as we consider that it is a very serious matter in which the petitioner played mockery with this Court by filing forged and fabricated documents. It is worth noting that he has also filed an affidavit with the instant petition as well as supporting affidavits with different applications filed in the instant petition, as such his act may also attract the offence of perjury.

4. In these affairs of the state, the office is directed to send a complaint under section 200 of the Code of Criminal Procedure by invoking sections 193, 198, 199, 419 and 468 of the Pakistan Penal Code to the learned District and Sessions Judge, Karachi East. The learned District and Sessions Judge is directed to assign the matter to the court having jurisdiction for taking cognizance and trial of the accused Rasheed Ahmed son of Samiuddin, resident of House No.129, Street No.4, Sector 34/3 Korangi No.3, Karachi. We also direct that all the forged and fabricated documents should be impounded and the entire case file will remain in safe custody of Assistant Registrar of Writ Branch till completion of the trial of accused. Accused is present in court; he is bound down to appear before the concerned court by furnishing a PR bond for an amount of Rs.50,000/-

5. The instant petition is dismissed alongwith listed applications with a warning to the learned counsel Mr.Qadir Hussain Khan to be careful in future.

JUDGE