GULZAR AHMED, J.---National Accountability Bureau Reference has been filed against the petitioner, which is pending in the Accountability Court No,II, Karachi. Petitioner filed an application under section 265-K, Cr.P.C. which was dismissed by the trial Court vide order dated 16.11.2016.
Petitioner filed Constitution Petition against such order which too was dismissed by the impugned order dated 14.09.2017, passed by the learned Division Bench of the High Court of Sindh, Karachi.
2. Learned ASC for the petitioner has contended that the petitioner has signed the allotment orders under duress and therefore, is not likely to be convicted in the Reference and thus the petitioner be acquitted.
3. We have considered the submission of the learned ASC for the petitioner and have also gone through the record of the case.
4. The allegation against the petitioner in the Reference is that he in capacity as Additional Director (R-I). KDA has issued illegal allotment orders of plots of Scheme No,36 despite the fact that original allottees did not appear before him and attorney holders held only notarized GPAs which were not duly registered. The fact that the petitioner has issued illegal allotment orders and that too not to the original allottees but to the persons purporting to hold unregistered GPAs itself needs proof by way of evidence. The allegation against the petitioner apparently is of substantial nature in that the alleged plots were created on land reserved for water conduit of KW&SB and High Tension Line of K-Electric. The allotment as alleged in the Reference has been made that of amenity plots, which obviously is a serious allegation and needs proper adjudication by the Court. The High Court in the impugned order has dealt with the matter and assigned good reason for not accepting the plea of acquittal of the petitioner under section 265-K, Cr.P.C. The petition is, therefore, dismissed and leave refused.