HIGH COURT OF SINDH AT KARCHI

C.P.No.D-348 of 2009

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Order with signature of Judge

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1. For hearing of Misc.1455/2009.

2. For Katcha Peshi.

3. For hearing of Misc.1456/2009.

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21.05.2009.

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Dr. Muhammad Farogh Naseem for the petitioner.

Mr. Hussain Bux, Special Prosecutor, NAB.

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      Through this petition, learned counsel has submitted that the NAB authorities are harassing petitioner without any reason by making Reference No.11/2008 as a base as well as other pending proceedings. He submits that because of that harassment, CP No.D-1521/2008 was filed and the same was decided on 15.01.2009, whereby all the pending proceedings were quashed and NAB was allowed to get the Reference No.11/2008 decided on merits. He submits that even the Reference has been decided by the trial Court and all the accused persons have been acquitted by order dated 16.03.2009. He has placed copy of the said order on record.

      Mr. Hussain Bux, learned counsel for NAB submits that he does not dispute the judgment but there are certain queries, which the NAB authorities are asking but they have not submitted any plausible reason for that.

      In such a situation, we observe that by judgment dated 15.01.2009 in CP No.D-1521/2008, following observation was given:-

“     The upshot of the above discussion is that the petition is allowed partly. The reference filed by the NAB would be decided on its merits whereas pending proceedings/ investigation against the petitioner before the NAB authorities are hereby quashed.”

      By the above observation, all the pending proceedings were quashed while NAB authorities were allowed to go with Reference No.11/2008. The said Reference has also been answered by the Accountability Court No.1 by order dated 16.03.2009, whereby the Reference has been quashed and all the applicants have been acquitted.

      Keeping in view the above judgment there is no plausible reason for NAB to continue to pursue the petitioner in respect of the above Reference. The petition is allowed and respondent NAB is restrained from harassing the petitioner on the basis of Reference No.11/2008 or any other pending proceedings, which were taken care of in CP No.D-1521/2008.

                                          JUDGE

                  JUDGE