FAHIM AHMED SIDDIQUI, J.---The petitioner has served as the elected chairman of Municipal Committee Ghotki but purportedly he could not complete his tenure due to political rivalries. Allegedly such rivalry with respondent No.6 and his party became severe during General Election-2018 and he was targeted by respondent No.6 being Minister for Enquiries and Anti-corruption Establishment (hereinafter referred as ACE), who managed a complaint against the petitioner then FIR bearing Crime No. 269/2019 under sections 381-A, 408, P.P.C. at Police Station 'A'
Section Ghotki was lodged, as such the petitioner approached to concerned Sessions Court for bail before arrest.
In the said bail application, learned Sessions Judge observed that since matter pertains to ACE as such FIR was incompetently lodged and directions were given by concerned Judicial Magistrate to I.O. for presenting before the Court having jurisdiction. Allegedly respondent No.6 and his associates are not ready to spare the petitioner hence frivolous complaints were continuously made against the petitioner as such enquiry was conducted. It is also claimed that in the enquiry technical team opined in favour of the petitioner despite that such practice was continued as such the instant petition was filed. Through the instant petition, the petitioner has sought quashing of FIR and conducting of enquiry by the ACE through some honest and impartial officer. He also sought directions for ACE that he and his family may not be harassed by them in any manner .
2. Mr. Jamshed Ahmed Faiz, learned counsel for the petitioner , submits that the petitioner is being made a prey of political rivalry which has now entered into a phase of animosity . He submits that number of enquiries were initiated on the behest of respondent No.6 but nothing adverse could be brought on record during all such enquiries. He submits that although an earlier enquiry was concluded in favour of the petitioner . Respondents are continuously causing harassment to the petitioner . He levelled direct allegations against Circle Officer ACE, Ghotki, who is present in Court. Through an application under section 151, C.P.C., he placed photographs of the said Circle Officer sitting with the brother of respondent No.6 in his otaq.
3. Mr. Wazeer Ahmed Ghoto counsel for applicant/intervener and Mehboob Ali Wassan, Assistant Advocate General opposed the instant petition and submits that the enquiry is being conducted as a routine and respondent No.6 has nothing to do with the alleged enquiry . Regarding quashing of FIR, he contends that the alternate remedy is available to the petitioner; as such said plea is not maintainable. He further submits that the enquiry is still pending and since the petitioner remained a public office holder as such it will be in his benefit that he may get himself clear from the enquiry .
4. We have heard the learned counsel for the parties and have gone through the material available on record.
5. The petitioner has challenged the lodgment of FIR against him and subsequent initiating an enquiry in connection with the allegations levelled against him in the said FIR. During the course of arguments, the counsel for the petitioner placed on record some photographs of Circle Officer with some allegedly influential person. When such photographs were confronted to Ayaz Hussain Memon Circle Officer ACE, Ghotki, he admits the same but saying that these are old photographs. In response to a query , he admits that he was called by Jam Saifullah brother of respondent No.6, in his otaq. In the instant petition, the petitioner has solicited quashing of FIR No. 269/2019 of Police Station 'A' Section Ghotki which was returned by concerned Judicial Magistrate for placing before the concerned Court i.e Anti-Corruption Court where the petitioner may apply for pretrial or pending trial acquittal under section 265-K, Cr.P.C. as such no further discussion necessary for quashing of FIR. So far quashing of enquiry against the petitioner is concerned, the same is going to be addressed later on.
6. The petitioner is seeking impartial enquiry regarding some complaint made against him in the discharge of his official duty as Chairman Municipal Committee Ghotki. It is a legal responsibility of all the public functionaries to act strictly according to law and they are not supposed to act under the whims and wishes of some influential persons, The ACE is an organ of the State equipped with policing powers, which was established to curb corruption but unfortunately it has now turned into a body for promoting and protecting corruption. It should be a specialized force to cater the object of its existence and not for promoting the interest of the political elites. The picture of Ayaz Hussain Memon Circle Officer ACE, with a renowned political figure of the area in his Otaq is sufficient to sharp focus the utter lack of fair dealing prevailing in ACE in particular and District Police in general. On one side, it indicate the atmosphere in which the forces for curbing crimes are working. The officers either belonging to ACE, Police, or other civilian law enforcing agencies are pressurized in a variety of forms ranging from a promise for career advancement or lucrative posting if the demand of political goons is acceded to a threat of drastic penal action and rough treatment like frequent transfers, etc in service matters if the,ir demand is resisted. At the other end, the officers themselves prefer to debase their department by licking the boots of these political elites. We consider that it is necessary for our very existence in the society of word that we should promote a criminal justice system free from all sorts of pressure. We also consider that every politician, whether in power or not, should not use pressure in any form upon officials of policing and investigating agencies. All the uniformed personals of law enforcing agencies are the symbol of power and authority of state and any known act of debasing them by a politician or notable amounts to debasing a rather humiliating state.
7. We consider that if any politician uses pressure or entice upon an official of Polic e, ACE, Excise, etc. for his own interest or settle some account, he remains not a Sadiq and Ameen and may be disqualified from electing for any house of the country . Similarly , an officer of any of these agencies works under the dictation of politicians and becomes an instrument to safeguard their interest, he is surely acted contrary to the authority vested to him. In the present case, a photograph of Mr. Ayaz Hussain Memon Circle Officer ACE, wherein he is sitting before a notable politician in submissive style at his place indicates that he is vulnerable to take pressure or he is eager , to make someone acquaintance beneficial for him. We are of the view that an official of a law enforcing agency is not supposed to visit the house or otaq of some influential person, as it may cast bad impression over the common people regarding the law enforcers. The explanation given by the Circle Officer that he was called by a person, who has no business in the affairs of ACE is not acceptable. If anyone needs the assistance of police or ACE, he may approach them but it is not supposed that the higher rank officer of a district is called by someone at his place without any reason. We are of the view that complying with unreasonable demand of attendance to a politician or landlord amounts to misconduct, as such the Chairman ACE is instructed to initiate disciplinary proceedings against Ayaz Hussain Memon Circle Officer ACE, Ghotki and he should be immediately directed to report to headquarter and no field posting should offer him in future so that like-minded officials of ACE may become cautious and avoid such an act and should behave as per the demand of their job.
8. The petitioner has sought quashing of the enquiry against him and has also shown his mistrust upon the enquiry conducted at ACE, Ghotki by claiming that it is politically motivated. We are of the view that any enquiry or investigation in a criminal case cannot be discontinued as such it will not be prope r to quash any enquiry initiated against him on account of his public office, once he enjoyed. Albeit, in the existin g position of affairs, his distrust upon such an enquiry carried out within the limits Of District Ghotki is not unfoun ded. Hence, we direct that the enquiry against the petitioner pending before ACE, Ghotki is transferred to ACE, Sukkur and the Deputy Director , ACE, Sukkur is directed to complete the enquiry against the petitioner preferable within a period of three months.
With these observations, the instant petition is disposed of.