Applicants Badruddin Qureshi, Mirza Asghar and Imdad Hussain are Additional City Magistrate Phulcli (Hyderabad), Assistant Commissioner, at present on leave, and Mukhtiar kar/FCM, Kotri respectively. An F.I.R. No.29 of 1993 was lodged by complainant Rahim Bux Arejo C.O., ACE Dadu on behalf of the State under sections 409/477-A, 34, P.P.C. Read with section 5(2) Act II of 1947 against them in respect of an offence alleged to have been committed "during 1992". The F.I.R. Neither shows any specific date nor the month when the said offence was committed by the applicants as alleged against them.
2. The applicants, in the first instance, approached the Court of Special Judge Anti-Corruption (Provincial), Hyderabad and moved three separate bail applications numbered as 6 of 1994, 11 of 1994 and 14/1994 for bail before arrest and were granted the same on 3-1-1994, 4-1-1994 and 6-1- 1994 respectively. The applicants remained on interim bail for about five months but ultimately these applications were dismissed by the learned Special Judge vide his common order dated 26- 5-1994.
Hence the present application for bail before arrest before this Court.
The applicants 'were admitted to interim pre-arrest bail on 23-6-1994 and notice was issued to the State to consider confirmation.
3. Brief facts leading to the lodging of F.I.R. Disclose that in the year 1992, the Government decided to give financial as well as material aid to flood and rain affectees. Applicant Badruddin Qureshi was working as Assistant Commissioner, Sehwan from whom the second applicant Mirza Asghar Baig took over charge on 8-3-1993. Applicant Badruddin Qureshi had constituted an Aid Committee as ordered by the Government, which was comprising of the Chairman, Local Zakat Committee, the Chairman of Union Council concerned, the Headmaster of Primary School and Nekmard of the area concerned.
Several lists of affectees were prepared through the respective committees which were signed by all members of the committee and which was signed by applicant Badruddin Qureshi and countersigned by third applicant Imdad Hussain. An amount of Rs.36,60,000 relating to Relief Fund was distributed by the first applicant @ Rs.1,000 per affectee through cheques to the persons mentioned in the lists prepared for the said purpose. Thereafter, he was transferred and succeeded by the 2nd applicant Mirza Asghar A.I. An amount of Rs.17,42,000 pertaining to Zakat Fund was released by the Government during incumbency of applicant Asghar A.I. Out of the said amount of Rs.17,42,000 an amount of Rs.1,52,000 was entrusted with the 3rd applicant Imdad Hussain for distribution among the affectees of Sehwan and Bilawalpur areas on the basis of already prepared lists. However, an amount of Rs.64,804 which could not be distributed, was deposited in the Office of the Deputy Commissioner. Wheat bags were also distributed among the affectees in similar manners. The newly elected Government after coming into power ordered to lodge an F.I.R. Against these applicants through Anti-Corruption Department. In compliance of the said orders, F.I.R. Was lodged, but with no date of incident as stated earlier, except with the following allegations:--- "The fictitious names have been shown in the record and Government amount and wheat has been misappropriated by the abovementioned accused persons with common intention and defraud the Government by preparing fake record. The offence so committed falls under sections 407/477-A, 34, P.P.C. Read with section 5(2) Act II of 1947.
4. This F.I.R. Had been kept silent of several points which, inter alia, include the following:
(i) How much amount was misappropriated by each of the applicants?
(ii) How many wheat bags were misappropriated by each of the applicants?
(iii) Why even interim challan was not submitted within time?
(v) Why all the members of the Aid Committee were not made accused when the lists were prepared with their help?
Similarly, the F.I.R. Was devoid of any other material to show that these applicants were involved in the alleged misappropriation or any information which could lead the Court to reach any such conclusion.
5. This matter came before the Court first on 15-6-1994 when my learned brother in chambers after issuing the notice ordered to fix the same before me on 23-6-1990. Ort 23-6-1994, a detailed order was passed by me before granting interim bail to the applicants and the matter was adjourned to 30-6-1994.
On 30-6-1994, nothing could be brought to light against any of the applicants, hence it was directed that the 1.0. Of this case should provide the following details within 15 days:---
(i) Total amount of relief entrusted with each of the applicants;
(ii) amount distributed by the three applicants;
(iii) total number of persons to whom the relief was provided;
(v) procedure according to which the amount and other material was distributed;
(vi) the detail of those persons to whom the relief was not provided, and
(vii) the details of amount which had been allegedly embezzled by these persons and then the matter was adjourned to 19-7-1994.
After that date the matter was fixed before another learned Judge of this Court on 19-7-1994 and on 31-7-1994, but no progress was shown by the State Counsel.
On 18-8-1994 this matter was fixed before a third Judge of this Hon'ble Court but with no signs of change in the conduct of State on that date too. However, the Hon'ble Judge passed an order on the said date that the matter be fixed at Karachi for hearing on 4-9-1994 before the same Judge who had granted interim bail. In compliance of the said order, the applicants and their learned counsel had no other alternative but to travel for Karachi on 4-9-1994, hence the matter was again fixed before me on 4-9-1994, but the learned A.A.-G. Was unable to provide any of those details as enquired in my previous orders. The case was again adjourned to 6-10-1994 but no progress was shown by the concerned officials on that date too. Hence last chance was provided to the State and the matter was adjourned to 18-10-1994. On 18-10-1994 the learned counsel for the State was unable to provide any of those informations which were required by this Court. However, a letter dated 16-10-1994 was received by this Court which need no further comments because it speaks itself to expose the concerned officials of the Anti-Corruption Department. It reads as under:--- "It is submitted that Mr. Rahim Bux Arejo the then Circle Officer ACE, Dadu, now in upper School course at P.T.S. Shahdadpur, has been informed vide his office No.3196 dated 13-10-1994 to attend the Hon'ble Court on 18-10-1994 through special man. Such W.T. Message was also sent to Principal, P.T.S., Shahdadpur vide No.3179-81 dated 12-10-1994 for his appearance. I have also informed him on telephone for the above purpose.
The case Diary file of above case has already been sent to Assistant Advocate-General of High Court, (Hyderabad), photocopy of receipt is enclosed.
This is for favour of your kind information.
(Sd.) Circle Officer, Anti-Corruption Estt., Dadu."
Does such an officer be treated a fit person to be kept in service of the Government of Sindh? I leave this question for the learned Advocate-General of Sindh whose office was kept deprived from the information to be provided to this Court. However, this Court cannot keep its eyes closed because the precious time of the Court was wasted on account of the most unappreciable rather hated, conduct of the concerned official Similarly the silence of the Anticorruption Estt., Dadu prior to 16-10-1994 is also not ignorable because the letter dated 16-10-1994 referred above could also be sent before that date too. In my view this conduct was the result of any of the following two presumptions.
(i) Either the Anti-Corruption Department had nothing in its possession against the applicants and the F.I R was lodged only to harass them Or
(ii) The concerned Department of Anti-Corruption if it had anything against the applicants, had come in collusion with the applicants not to expose them in respect of their corruption.
I need not to hold any inquiry to find out which of the two presumptions may be the correct one but every presumption does lead to a certainty that conduct of the concerned I.O. Was the best symbol of corruption in e Anti-Corruption Department.
6. As this Court does not possess any magical, mystical or spiritual powers to find out guilt or innocence of the applicants in absence of any record, hence this Court had no other alternative but to confirm the bail of applicants on 18-10-1994.
The copy of this order be sent to the learned A.-G., Sindh who is hoped to take very serious view of this conduct by informing the concerned officials about the feelings of this Court.