Mian Abdul Ghafoor Wattoo the petitioner seeks pre-arrest bail through this writ petition instituted under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 owing to impending fright of his being arrested by the NAB Authorities Punjab (Lahore).
2. Tersely referential accusal has been declassified that petitioner along with Zahoor Ahmad and Kausar Perveen set up a Firm with the name and style of Formanite Housing Scheme, 6 Haroon House Mozang Road, Lahore and on 02.01.2002 was duly registered vide No,2425-03- 2004 by the Registrar of Firms City District Government, Lahore on 07.06.2004 thereafter, the Firm commenced purchasing the land from different venders in Mauza Kamahan Tehsil and District Lahore, through an approved lay out scheme as its phase Nos.1 and 2 (combined), was publicized multi-media, clientele were invited consequently through written agreements amongst the Firm and the customers, vending of plots of different measurements proposed and accepted. It may not be en passant to mention here that on 25.03.2013, Zahoor Ahmad son of Muhammad Sadiq resident of 311/12-1 Township, Lahore, (party of 2nd part) relinquished from the Firm business but the same was continued by the two partners as by the petitioner called as party of first part and Mrs. Kausar Parveen wife of Manzoor Ahmad Wattoo resident of 311/12-B-1 Township, Lahore (called party of 2nd part). On account of certain differences with the Firm some customers approached NAB .
Authorities of their being made victims of fraudulent knavery of the Firm. In certain Daily National Newspapers, NAB authorities invited aggrieved persons for the redressal of their grievances against the Firm, resultantly 100 of effectees were counted to the NAB Authorities, inquisitionally resulted incisively prima facie involvement of the petitioner in the fraud being committed with 100 of persons.
3. Partway inquiry proceedings, petitioner prepared to settle the matters by voluntary return under section 25 of the National Accountability Ordinance 1999 but nothing was found fruitful, the NAB Authorities took Zahoor Ahmad in custody (party of 2nd part).
4. Unto instant petition, it has been submitted by the learned counsel for the petitioner that proceedings of the NAB Authorities are despiteful and case of the petitioner does not fall within the mischief of the Ordinance ibid as the petitioner along with others by a registered Firm commenced the business governed by civil liabilities and if any contractual infringement is made, the aggrieved party may go to the civil courts; proceedings of V.R were not compos mends but resulted in coercion by the Authorities, to which the petitioner never owned, no auditory fraud was perpetuated and even now the petitioner is prepared to the re-payments of alleged effectees; each and every transaction of the Firm is available in the record of the firm which is also available with the NAB Authorities; the petitioner being proprietor benefactor has incessantly been co- operating the Authorities to resolute the alleged disputes but the Authorities being motivated ulteriorly inclinative and propensive in a show-boating sinisterly intend to put the petitioner behind the bars. At the last but not the least, it has been markedly described but not en passant that freedom of the subject is a very precious cannot be comatosed casually, the petitioner is octogenarian, old age enervates infirmity. In this way the petitioner too deserves the relief sought for.
5. Learned A.D.P.G.A assisted by M/s. Khaliq-uz-Zaman Chaudhry, Muhammad Imran A.D. NAB and Rai Haider Ali Naz Dy. A.D, NAB has raised exquisitive counter arguments pre-factorially to the Firm and determinative to the accusal attempted to portray a macabre depredative attitude of the Firm being run by the petitioner and his co-partner to depict gory plight of the deprived customers and the petitioner's effrontery as well as non-complementary behavior remain preponderated before the Authorities catching his prevaricative for non-resolving the disputes postured the aggrieved hysterical to pother then as pis-aller the Authorities decide to take him custody whereas NAB has no despite to quirk with the petitioner. It has been maintained that the Firm got the lay out approved diverse shown to the public invited applications excessive to the approved plan, in this way, the Firm has plundered the innocent persons since 2013 NAB Authorities are behind the.
Firm/petitioner to resolute disputes with the aggrieved person but in a pre-disposed-cum- effrontery way it was gainsaid, it may not be incongruous to undertake commodiousness of depriveds of looming large for their irreparable loss assertively brought to the notice of Authorities, therefore, craved for dismissal of instant petition.
6. Arguments heard busily. File gone through intently.
7. Establishment of Firm to set up a housing scheme with the name and style Formanite Housing Scheme in District Lahore and its registration to commencement of its business of purchasing the lands from its owners and then its development and thereafter selling out of plots have indubitably been noticed these facts has also not been denied. The Court felt shock getting knowing that the approved lay out is distinguished to its displayed to the public at large and the applications invited and received along with requisite amounts from the customers are excessive to the plots/land available, NAB Authorities have probed business of Firm thoroughly and has prima-facie resolved in, implicating the petitioner in the business and being peculated the huge amount of innocent customers. Prodigious public amount is involved liable to be recovered from the petitioner to repay the effectees. The Court remains fizzled out in exploring any element of ulterior motives or mala fide vis-a-vis the NAB Authorities as well as the deprivers/effectees. The Court has the circumstances noticed the petitioner predeterminable in tardiness towards non-setting the disputes rather squandered the time of NAB Authorities remaining aberrant instead of complimentary but to derring-do. The Court is conscious that life and liberty of a subject has enviably been protected by the Constitution of Islamic Republic of Pakistan but at the same time the law of the land loathes of going scot free wrongdoers. The Court has observed travails of the aggrieved persons. Incidents of fraud in real estate business are rampant in the society undermining the warrant of law and destructing the society. Constitution does not permit dwindling the majesty of law in the Administration of justice in bringing the delinquents to justice. The court is conscious of the fact is that "that right to life of a citizen cannot put in abeyance on his arrest but in the case Jennison v.
Baker (1972) 1 All ER 997, 1006 it has remarkably been observed as follows: "The law should not be seen to sit by limply while those who defy if go free and those who seek its protection lose hope"
Financial corruption and commission of white collar crimes and corruption in the business of real estates in our society are the big issues being faced now-a-days are liable to be curbed with iron hands.
8. After having deliberated over the facts and circumstances of the case Court has not observed preternatural circumstances to allow the instant petition and to grant extra-ordinary relief of pre- arrest bail to the petitioner, therefore, petition being shorn of reasons is yielded in dismissal. Parties to bear costs.