IN THE HIGH COURT OF
SINDH, BENCH AT, SUKKUR.
Constitution Petition No.D-4370 of 2015.
Date. Order with
signature of Judge
1. For
hearing of CMA No. 27527/2018.
2. For hearing of CMA No. 12246/2015.
3. For hearing of main case.
30-04-2019.
Mr.
Sundar Khan Chachar, advocates for petitioner.
Mr.
Mehmood Sultan Khan Yousfi, DAG.
Mr.
Sittar Sahil, SPP NAB.
The
petitioners (two of them Anwar Ali and Mukhtiar Hussain had died) by way of
instant constitutional petition have sought for following relief;
a) To declare act and notice dated 19-10-2015 issued by
respondent No.2 to 3 is null, void and ab-initio.
b) To restrains the respondents Nos. 2 to 3 not to arrest
the petitioners and further may be pleased to suspend the notice/letter dated
19-10-2015 till disposal of the petition in hand.
c) That this Honourable Court may be pleased to quash the
notice dated 19-10-2015.
d) To grant any other alternate relief which this
Honourable Court deems fit and proper in the circumstances of the case.
2. The
fact in brief necessary for disposal of instant petition are that on complaint
made by one Ahsan Ali Baloch with regard to misappropriation of development funds
to the tune of Rs. 46.5 millions at Taluka Municipal Administration Thari
Mirwah, an inquiry was ordered by the NAB authorities and in the meanwhile
petitioners by way of filing instant constitutional petition sought for the
relief as is detailed above.
4. At
the very outset, it is stated by learned SPP NAB that the inquiry was upgraded
into investigation and after due investigation a reference No. 18/2008 has been
filed against the petitioners, which is pending adjudication before
Accountability Court Sukkur and the NAB has also filed an application u/s 16-A
of NAO 1999 against the petitioners for transfer of FIR Crime No. GO 01/2014
from the Court of Special Judge Anti-Corruption Sukkur to Accountability Court
Sukkur. By stating so, he was fair enough to say that petitioners (two of them
Anwar Ali and Mukhtiar Hussain had died) would be dealt with in accordance with
law.
5. Learned
counsel for the petitioners (some of them absent) by refuting the statement
made by learned SPP NAB insisted to continue the instant petition.
6. After
filing of the reference, no useful purpose would be served to continue with the
instant constitutional petition. It is disposed of accordingly in view of the
statement made by learned SPP NAB.
Judge
Judge
Nasim/P.A