ROZI KHAN BARRECH, J. In the instant Constitutional Petition, the petitioner has claimed the following relief:- "Keeping in view of the above submission it is most respectfully prayed that this Hon'ble Court may be pleased to pass order as under:-
1. To grant the petitioner pre-arrest bail in pending impugned inquiry'/investigation pending amongst him with NAB (B) in case No.100224.
2. To suspend the operation of impugned notice No.B/3/1w-2/NQ/C-100224/2018- 394 dated 24.01.2018.
3. Restrain the respondent NAB (B) from calling against and again or harassing the petitioner.
4. Grant any other relief which this Hon'ble Court deem fit and proper under the circumstances of the case.
5. An ad-interim relief is also solicited".
2. We have heard the learned counsel for the petitioner, the learned Special Prosecutor NAB and have also perused the available record with their able assistance.
3. It may be seen that the petitioner was posted as District Food Controller/Incharge PR Center Sariab Godown, Quetta, vide notification dated 16.04.2015. On 26.05.2015 the Director Food Balochistan issued order, allowing the petitioner to receive the procured wheat of 2015 allocated for Sariab Godown, Quetta. As per record storage capacity of PR Center Sariab Quetta is of 2,38,000 wheat bags. A huge quantity of 5,14,492 wheat bags out of 7,73,040 wheat bags were stocked in open gangues duly covered with tarpaulins due to non-availability capacity in Godown. On 30 09.2016 the then Deputy Director Food Quetta Zone Quetta issued a letter to the accused/petitioner (Bashir Ahmed Abro) with the allegation that all of sudden "shortage of 753.227 kgs as storage losses and 3000 bags weighing 299.954 kgs as damaged/rain affected" has been found which is unjustifiable and amounts to an intentional mis- appropriation of the government wheat stock.
3(sic) On the basis of such allegation, Humayun Khan, Additional Secretary, Energy was appointed Inquiry Officer by the competent authority vide letter No.PS-Misc.98 Vol-XII/2134 dated 09.08.2017.
The said Additional Secretary Energy conducted full-fledged inquiry and ultimately exonerated the accused/petitioner from the charge with the following conclusion:- "The undersigned has thoroughly perused the reply of Mr. Bashir Ahmed, District Food Controller/Incharge PR Center Sariab Road Godown, Quetta. in the light of supporting documents produced by him in his defense the undersigned has come to the conclusion that all humanly possible efforts were made to ensure the safety of the Government wheat stocks by him. The total variation/losses of 753227 kgs being 0.98 kgs per bag on 773040 bags (total bags stored at PR Center Sariab Road Godown Quetta) has occurred due to excess storage, open storage, prolong storage, pathetic condition of Godown, weevil/insect attacks, non/ineffective fumigation, non- provision of fresh tarpaulin and weathering effects etc, whereas 3000 bags damaged has occurred naturally due to excess storage and open ground without plinths where the lower layer of wheat got damaged. Therefore, holding Mr. Bashir Ahmed, responsible for the same would not be fair"
4. It reveals from the record that the arrival of surplus wheat dispatched to the PR Center Sariab Road Godown Quetta i.e. 514492 bags were stored in the open premises in the form of Ganjies PR Center Sariab Road Godown Quetta had only 10 plinths on which a maximum of 55000 bags could have been stored but rest of the wheat dispatched was stored in the open places including open grounds, roads, passages etc.
5. Perusal of the record further shows that the petitioner being Incharge of the PR Center Sariab Road Godown Quetta submitted number of applications, copy whereof are attached with the petition to the high-ups of the department i.e. Deputy Director Food as well as Secretary Food, Government of Balochistan, followed by repeated reminders regarding the deterioration of wheat on account of weevilling/insect attacks and making arrangements for fumigation as well as repair of godowns, but no heed was paid by the high-ups of the department.
6. In such backdrop, the allegations 01 the prosecution qua the guilt of petitioner require further probe and singling out the petitioner as an accused seems unfair, in presence of such requests made by the petitioner, followed by repeated reminders, the high officials cannot be exonerated from liability. Prima facie it seems that the petitioner, being an official of lower grade has been made escape-goat by the department just to save the skin of high officers from clutches of law.
The most important question arises here that despite there being total storage capacity of 238000 bags at PR Center Sariab Road Godown Quetta as per record of Food Department why wheat stock of 514492 bags were stored in open premises for a long period and who was responsible for procuring such huge quantity of wheat and kept it in open place but the NAB authorities have only issued call-up notice dated 24-01-2018 to petitioner who is a low grade officer. Even otherwise, despite cooperating with the NAB authorities in inquiry the petitioner apprehends his arrest by NAB in inquiry causing humiliation and unjustifiable harassment, therefore, the petition filed by the petitioner is accepted. The interim order dated 30.04.2019 is hereby confirmed. The petitioner is directed to cooperate with the NAB Authorities as and when required.
7. Before parting with the order in hand, we have observed that after the second world war food items especially wheat short fall was emerged in the world, therefore, a rationing system was introduced by different governments to provide basic commodities i.e. wheat, ghee, sugar, and coal to the general public which continued functional till 1987. In this connection; the Government of Balochistan established the Food Department to procure wheat from small genuine growers in order to encourage them to cultivate wheat; to maintain strategic reserves for the general public, to meet any emergency and shortfall of wheat in the province and to maintain the market price in order to discourage monopoly of the mill owners, however, the Department has bitterly failed to achieve the said objectives, rather, it has become a liability. As a matter of fact, the huge quantity of food worth billions of rupees is procured every year and mismanaged and lost by a poorly staffed, inefficient and low-resourced Directorate of Food. As a result of that, the Department has caused loss of Rs.1,225,752,379/- to the exchequer of the Province, having the most impoverished people in the country.
Hundreds of staff members of the department, including Secretaries and Ex-Minister are facing corruption allegations before the anti-corruption agencies and the Court. Keeping in view the said anomalies, Mr. Ghulam Ali, the then Secretary Food, after mentioning all the illegalities and irregularities in the process of procurement of wheat and performance of the Department made the following suggestion on 03.12.2018.
"1. Therefore, the Hon'ble Chief Minister, Balochistan may kindly place the above items in the agenda of upcoming cabinet meeting for the decision of the Government."
8. Similarly, Mr. Abdusalam Khan Kakar, the then Caretaker Minister for Labor, Manpower and Food, after visiting different godowns, established by the Food Department, suggested the Chief Minister on 25.06.2018 as under: "Last but not the least it is my humble submission to the Competent Authority to review policy of procuring of wheat and abolish the department of food to relieve the Government of defamation because the Department has failed altogether to deliver service, and instead earned bad name for the government."
9. As stated above ever-since the engagement of Food Department in the subsidized procurement, storage and sale of wheat as per government policies, there has been more reports of embezzlement and waste than service delivery and relief to the general public. According to the balance sheet, the department has incurred a loss of Rs.1,225,752,379/- due to theft, embezzlement and wastage. A number of cases are being investigated and tried by anti-corruption agencies and to curb the same number of measures which could have been undertaken to improve the working environment in the public interest, yet unfortunately none of those steps have been taken to avoid the huge loss and protect innocent victims.
10. As a matter of fact the department was supposed to procure wheat from small genuine growers at support price (subsidized) i.e. at higher rate than the open market and also provide empty gunny bags to the growers free of cost and to issue wheat stock on subsidized rates or sale wheat to the flour mills at subsidized rate and grinding charges to mill owners in order to provide the same to the fair price shops or to establish sale points at a cheaper price to the general public. The department procures wheat at the rate of Rs. 1,300/- per 40 KG. On the other hand, market sales out 40 KG of wheat at 1100 to 1200. This incentive is granted by the Government to the growers in order to support/encourage them. The transportation charges, fumigation tablet, tarpaulin and other allied charges bring each bag at the cost of about Rs.4,100/- to 4,400/-. Similarly, the Government of Balochistan also gives subsidy upon the said wheat from Rs.600/- to Rs.1200/- on per 100 KG bag. Although the wheat has two subsidies yet neither is the genuine grower supported, nor the general public is supplied flour at cheaper price due to political pressure, untimely approval of subsidy and lack of proper check and balance and policy of distribution, resultantly, subsidy of billions of rupees is embezzled by the mill owners, Incharge of food godowns and food mafia.
11. Wheat stocks are stored as a strategic reserve for the interest of general public which requires to be equally distributed among all the districts according to the population and monthly off take of the concerned districts, but we are afraid that all the stocks are being stored in Quetta and nearby districts like Pishin and Mastung. We were informed that the food mafia gets all the procured wheat stored in PRC, Quetta, Pishin and Mastung and issue it to the flour mills of both the districts which is easily smuggled to the neighboring country without providing relief to the common men of Balochistan for whom millions of subsidy is granted.
12. It is worth mentioning that the Chairman, National Accountability Bureau, while exercising powers under Section 33(c) of National Accountability Ordinance, 1999 constituted a committee comprising of NAB officials, representatives of different departments and other stakeholders with the task how to prevent corruption in the Food Department. The Committee after a long deliberation, identified a number of issues/problems which includes misappropriation/ embezzlement of wheat, purchase of substandard wheat, artificial wheat shortage, fraudulent claims of transport charges, misappropriation of wheat bags, posting of junior and untrained staft as Incharge PRCs, lack of proper supervision and surveillance, procurement of large quantity of wheat without considering the capacity of PRCs, high wheat prices and pathetic condition of PRCs.
The committee, after consultation, coordination and deliberation of four years, finalized recommendations, duly communicated to the government of Balochistan but the same have not been implemented in letter and spirit.
In view of the above, Registrar of this Court is directed to send the copy of this order to the Chief Secretary Balochistan as well as to the Principal Secretary to the Worthy Chief Minister. We expect that the Worthy Chief Minister will look into the matter, who has otherwise "reportedly" restrained the Department from procuring wheat.
These are the reasons of our short order dated 10-10-2019.