1. ' DR. RANA MUHAMMAD SHAMIM, J.- Through this petition the petitioner seeks bail before arrest pending inquiry/ investigation by the respondent NAB.
2. ' Brief facts out of which this petition arises are that the respondent initiated inquiry against the petitioner regarding sale and purchase of Government land during the period of 2003-2004 and notices in this regard were issued to the Senior Member, Board of Revenue, Sindh, Hyderabad as well as District Officer, Board of Revenue, Sindh, Gharo, Thatta. According to the petitioner, though he has no concern with the above, however, due to serious threats given to him he is apprehensive of his arrest at the hands of the officials of the respondent, hence this petition is filed.
3. ' On service of notice the respondent has opposed the petitioner by filing counter-affidavit in which the averments stated in the petition have been denied.
4. ' Mr. Raza Hashmi, learned counsel for the petitioner, submits that the petitioner, is innocent and apprehends his arrest at the hands of NAB authorities in the inquiry being initiated against him vide notice, dated 25-4-2008 issued to District Officer (Revenue and Estate), Thatta. He submits that the petitioner retired on 30-9-2003 as Director, Minorities Affairs Sindh vide notification dated 3-10- 2003. He further submits that no notice has been issued to the petitioner but inquiry is being conducted against the petitioner regarding the Entries Nos.79 and 86 in respect of 550 acres of land which was transferred/entered in the names of various persons before 24th, September, 2003 during the period the petitioner was District Officer (Revenue and Estate), Thatta. Learned counsel submits that if there is any case of NAB it is against the Mukhtiarkar and not against the petitioner.
5. He submits that in case the petitioner joins the inquiry, he will be arrested in the false case for ulterior motives. He further submits that Inquiry Officer has been appointed on 21-4-2008 and the Inquiry Officer has the powers under section 18(3) of National Accountability Ordinance, 1999 to arrest the petitioner during the inquiry as well. He further submits that the petitioner is suffering from prostrate cancer and in case he is arrested it would be detrimental to his health and life. He prayed that the petitioner may be rescued by protecting his respect and dignity in granting pre- arrest bail as he has no concern with the alleged entries and transfer of 550 acres of surveyed land at Thatta. On the same breath he submits that section 9 of the National Accountability Ordinance, 1999 is not attracted.
6. ' Mr. Ch. Muhammad Iqbal, learned Additional Deputy Prosecutor-General NAB, Sindh, states that no notice either under section 18 or 19 of the National Accountability Ordinance, 1999 has been issued and served upon the petitioner. However, the inquiry is initiated as per law against the petitioner who was former District Officer (Revenue and Estate) Thatta, Government of Sindh and others. The District Officer (Revenue and Estate) Gharo, Thatta was directed to provide attested CNIC copies of the following persons who purchased un-surveyed land in Deh, Gharo Taluka Sakro, District Thatta:--
(1) Ali Bux son of Umed Ali, (2) M. Malook son of Ali Muhammad, (3) Munawar Ali son of M. Malook,
(4) Qasim son of Mureed, (5) Ab. Shakoor son of Ab. Qayoom, (6) Akhter Ali son of S/M. Malook, (7)
7. Ghulam Nabi son of Manzoor Ali, (8) Mazhar Ali son of M. Siddique, (9) Mazhar Jawed son of M.
8. Siddique, (10) Javed son of Abdul Ghafoor, (11) Abdul Samad son of Jan Muhammad, (12) Abdul Samad son of Adam, (13) Abdul Shakoor son of Abdul Qayoom, (14) Akhter son of Muhammad Malook.
9. ' Another letter, dated 21-4-2008 was issued to Senior Member, Board of Revenue, Hyderabad informing therein regarding inquiry against the petitioner and others. He reiterated that the notice was never issued and served upon the petitioner and filing of this petition is premature. He undertakes that the petitioner upon joining inquiry will not be arrested during the course of inquiry and no action will be taken against him except in accordance with law. He will be given full opportunity to plead his case and submit the relevant documents to prove his innocence and if he is not found involved, the inquiry against him will be closed whereas inquiry against other persons involved would be continued. In case he found involved he would also be treated in accordance with law. He further submits that no mala fide has been pointed out by the petitioner on the part of NAB authorities in his petition or during the course of arguments by the learned counsel.
10. ' At this stage learned counsel for the petitioner requests that this petition be kept pending till the inquiry is over so that the petitioner may remain protected,We have heard learned counsel for the petitioner as well as learned Additional Deputy Prosecutor-General NAB Sindh and perused the material available before us. We have also gone through the notice, dated 25-4-2008 issued to the District Officer (Revenue and Estate), Board of Revenue Gharo and Thatta in which the CNICs of persons who purchased unsurveyed land from him in Deh Gharo Taluka Sakro, District Thatta were sought and in respect of inquiry authorized against the petitioner. The petitioner has also not been able to point any mala fide on the part of the respondent NAB to involve him in the false case for ulterior motives. Even otherwise since no notice under section 18 or 19 has been issued to the petitioner hence in our view this petition merits no consideration. In such circumstances, the, inquiry proceedings initiated by NAB cannot be disturbed. Furthermore, learned Additional Deputy Prosecutor-General NAB, Sindh has categorically stated that during the inquiry proceedings, the petitioner will not be arrested and in case found involved he would be treated in accordance A with law. He has also pointed out that petitioner after obtaining interim pre-arrest bail on 4-6-2008 from this Court till to date has not appeared before the Enquiry Officer and the inquiry was delayed due to nonappearance of the petitioner which amounts to misusing the concession of bail.
11. ' In view of the above and on the basis of the statement made by learned Additional Deputy Prosecutor-General NAB, Sindh, this petition has no merits and dismissed along with listed- application. The order, dated 4-6-2008 granting interim pre-arrest bail is recalled.