' The petitioner who is an accused in Accountability Reference No.35 of 2005 pending trial in the Court of Mr. Muhammad Saleem Qureshi, learned Judge Accountability Court No.3, Lahore feels aggrieved against the dismissal of his application filed by him under section 227, Cr.P.C. For amendment of the charge earlier framed against him and others by learned Accountability Court on 2-4-2007 and the petitioner moved said application for amendment in the charge on the ground that according to the report of the Chartered Accountant a distinction was drawn between the liabilities of the accused persons including the petitioner in said reference as according to the report Shahid Hassan Awan co-accused being the Chief Executive of the Firm namely Messrs Bulls and Bears Private Limited was saddled with the liability of Rs.64,77,03,740 equal to 2902919 U.S Dollars as according to said report of the Chartered Accountant which was made part and parcel of the reference against the petitioner and others including Shahid Hassan Awan and included the personal liability of Shahid Hussain Awan whereas the liability of firm Messrs Bulls and Bears was calculated to be Rs.57,55,600 equal to 499470 U.S. Dollars. However, learned trial Judge framed the charge against all the accused persons who are 5 in number including the present petitioner and also the principal accused Shahid Hassan Awan though separately yet charged them individually for the total liability of Rs.1294 million equal to 7.803 million U.S. Dollars.
2. Learned counsel for the petitioner has submitted that learned trial judge has failed to appreciate the facts of the case qua the liabilities of the accused persons and also failed to draw distinction between the liability of principal accused namely Shahid Hussain Awan who was the Chief Executive of the said firm and had also received huge sums of money from the people in his personal capacity as well therefore, as he had also agreed to pay through voluntary return plan vide his application, dated 24-11-2003, the liability assessed against him by the Chartered Accountant namely Messrs Hassan Naeem and Company who was deputed by NAB for verification of claims against the Firm of the accused was much more than the petitioner and others yet learned trial Judge declined to allow the application vide impugned order. Learned counsel submitted that learned trial Judge in fact was misled by previous order passed by him on 13-9- 2007 on the application of Shahid Hassan Awan co-accused which was also dismissed and was an application under section 227, Cr.P.C. For alteration in the charge and submitted that the application filed by the petitioner was first application whereas learned trial Judge was of the view that petitioner had moved application under section 227, Cr.P.C. Earlier as well. It is submitted with vehemence that since the charge against the present petitioner is ambiguous which does not give him a clear picture of the charge against him therefore, the impugned order whereby the application of the petitioner has been dismissed is liable to be set aside with a direction to the learned trial Judge to alter/amend the charge in clear-cut terms regarding the liability of the petitioner in the reference against him. Learned counsel has prayed for acceptance of the writ petition.
3. Learned Special Prosecutor for NAB has opposed the contentions and submitted that in fact application has been moved with mala fide intention to prolong the trial and submitted that earlier Shahid Hassan Awan co-accused also moved an application on the same subject to learned trial Judge but the same was dismissed vide order, dated 13-9-2007 and submitted that the report of Chartered Accountant was submitted with the reference on the request of accused persons and submitted that since the petitioner was Director of. Messrs Bulls and Bears Private Limited firm along with co-accused including Shahid Hassain Awan, therefore, they are jointly and severally liable to discharge their liabilities and to answer the charge before the learned trial Judge. He therefore, submitted that there is no merit in this petition, the same may be dismissed. Learned counsel also submitted that no defect or error in the charge can vitiate the trial and referred to section 225, Cr. P.C. In this regard, however, submitted at the same time that even a perusal of charge against the petitioner shows that there is no error material or otherwise in the charge framed against the petitioner.
4. We have heard learned counsel for the petitioner and learned Special Prosecutor for NAB and have gone through the impugned order with care. Messers Bulls and Bears Private Limited Firm is alleged to be involved in corruption and corrupt practices in terms of section 9(a) with all enabling provisions of relevant law on the subject i.e. N.A.O 1997. Petitioner was one of the directors like co- accused of said Firm except Shahid Hassan Awan who was the Chief Executive of the said Firm.
Petitioner and co-accused prima facie are jointly and severally liable for the acts and omissions done by them during the conduct of alleged illegal business of said Firm whereby pecuniary advantage was allegedly gained by the petitioner and co-accused and caused loss to the public/claimants who made investments through huge sums in the company on the inducement given by the petitioner and co-accused. The distinction drawn by the Chartered Accountant between the liabilities of the petitioner and co-accused on one side and on the other between Shahid Hassan Awan co-accused is a question which can be better answered by learned trial Court after due trial of the accused. As observed earlier petitioner and co-accused who were all running the affairs of said private company/firm are prima facie jointly and severally liable to the charge. We do not find from the perusal of the charge against the petitioner that there is any ambiguity in the charge against him or there are chances of his misleading from the charge itself.
Needless to mention that charge is a first notice to the accused of the accusation precisely against him levelled by the prosecution. It would not be out of place to mention here that the alleged principal co-accused namely Shahid Hassan Awan earlier also moved a similar application to the learned trial Judge for alteration and amendment in the charge but the same was also dismissed vide order dated 13-9-2007 by the learned trial Court: It was the petitioner who then moved this application to the learned trial Court. No exception can be taken to the impugned order, which is perfectly legal. Writ petition is without merit and is therefore, dismissed.