By filing this petition under section 498 Cr.P.C., Muhammad Adnan (petitioner) sought pre-arrest bail in case FIR No.106/2017 dated 02.03.2017 for the offence under sections 420,468 & 471 PPC registered at Police Station Kotwali, District Faisalabad.
2. Succinctly stated the case of the prosecution as it gleans from the crime report is to the effect that the petitioner along with his co-accused namely Zohray Khan, Iftikhar and Kashif got registered a fictitious sale deed bearing document No.5732 dated 04.05.2016 in favour Rasheed Ahmad son of Muham mad Rafiq, a representative of Muhammad Ashraf (complainant) after receiving Rs.37,00,000/- from him (complainant). Subsequently , it transpired that the said registered sale deed was got executed in respective of the land which was owned by some other Zohray Khan (not the owner of land in question).
3. Arguments heard. Record perused.
4. The instant case is apparently arising out of some misdeeds committed at the end of revenue office. On Court' s query , it is informed that the petitioner was working with Halqa Patwari as a privatel y engaged person. This is within the knowledge of the Court that the Hon'b le Supreme Court of Pakistan through order dated 10.08.201 1 passed in Suo Moto Case No.3/2001 has taken note of such malpractice of hiring the services of privately engaged persons in the revenue circles and issued direction to eradicate this evil, hence, it was deemed appropriate to summon some responsible persons from the revenue hierarchy . In the meanwhile, the petitioner probably to frustrate the process issued by this Court, made a last ditch effort to keep this Court away from this issue and tried to withdraw the instant application.
5. Since it was felt that previously the directions issued by the Hon'ble Supreme Court of Pakistan were not complied with by the persons at the helm of revenue affairs, hence, the detailed report was called for from Senior Member/member (Revenue), Board of Revenue, Punjab, which was accordingly submitted. While doing so, this Court has in mind the provisions of Article 190 of the Constitution of Islamic Republ ic of Pakistan, 1973 wherein it is envisaged that all the institutions and the judicial authorities throughout Pakistan shall act in aid of the Apex Court of the country . Even otherwise, it is notic ed that the revenue system has been polluted with menace of corruption and one of the reasons attributable to such decline in the credibility can be attributed to evil of hiring of services of privately engaged persons by Halqa Patwari. This is not understandable as to how a lowly paid public servant getting meager salary from the public exchequer , can afford the luxury of privately engaged persons. This is also a matter of concern that the officials sitting in the revenue hierarchy are least bothere d to eliminate this evil from their ranks. It needs no mention that the public functionaries are blessed with hefty perks and privileges which are managed through the taxes of the general public. They have to realize that from the very nature of their office, they are required to make best of their endeavours for the betterment of the system through which our nation may get rid of evil of corruption which has penetrated deep into every segment of national life.
6. It will not be out of place to observe here that the causes in most of the criminal cases arising out of violence against human body and more importantly the incidents of homicide, relate to the land disputes. This dilemma is giving rise to a pressing need to remind the revenue officials to make efforts for elimination of the malpractice of hiring the services of private persons and to keep them at arm's length from the revenue circles. The most unfortunate aspect of the matter is the fact that the desire of the Hon'ble Supreme Court of Pakistan regarding the exclusion of such privately engaged persons from the revenue circles is within the knowledge of top brass of the Board of Revenue. Though their lackluster attitude in non compliance of the order of the Hon'ble Supreme Court of Pakistan is blatant contempt, however, it appears to be in fitness of things to part with this order while issuing a warning to them. It needs no mention that if we have to stand with honour in the comity of nations, then we must provide a system free of corruption to our upcoming generations and such objective can only be achieved by realizing the importance of our offices. In my humble view, our forefathers strived to get a portion from the globe known as Islamic Republic of Pakistan not to build houses or for minting money through every source but to provide a homeland to coming generations where they can live peacefully with honour and respect and such destination cannot be arrived at in a system of injustice.
7. In view of above, it is expected from the officials of the Board of Revenue, Punjab that they will be at their toes to create corruption free environment in the revenue offices. Since the petitioner has opted against appearing before this Court, hence, it does not appear to be in the fitness of things to embark upon the merits of his case. The instant petition for the grant of pre-arrest bail is dismissed on account of his non-appearance and ad interim pre- arrest bail granted to the petitioner in terms of order of this Court dated 14.07.2017 stands withdrawn.
8. Senior Member , Board of Revenue, Punjab, Lahore, is directed to circulate the copy of this order in all revenue circles for its strict compliance.