Syed HUR RIAHI GARDEZI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary

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Syed HUR RIAHI GARDEZI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs Ss.9(a)(iv) & 9(a)(vi)---Criminal Procedure Code (V of 1898), S.265-K---Constitution of Pakistan, Art.199---Constitutional petition---Quashing of proceedings---Illegal pecuniary advantage, absence of---Loss suffered by Corporation---Petitioner was facing trial before Accountability Court--- Allegation against petitioner was that he was member of Investment committee and on its recommendations investment made by the Corporation resulted into loss---Validity---Such was not one committee merely, which decided to go for restructuring but a whole lot of them plus Board of Directors chose to do so after weighing several options offered by FDIBL for settlement and consulting the matter with legal experts---When everyone concerned was on the Board and behind such decision question whether each one of them was acting with mens rea in order to cause loss to national exchequer and gain to himself was not likely to be answered in affirmative---Any incorrect decision wreaking havoc to the Corporation did not mean that it was the result of some action or omission constituting an offence---Even if it was so, each one participating in the process acted with ill intent and was criminally liable for it unless some relevant evidence to that end with specific role of the one shown concerned had been found---Petitioner was just a part of a decision for recovery of lost investment, which had gone wrong and had caused alleged loss to the Corporation--- In the capacity of one of the Members of Board of Directors and Investment Committee could not be held criminally liable for, it, in absence of any evidence pointing out to his actus reus combined with mens rea to make personal gain and to cause such a loss---Charge containing such allegations against petitioner was groundless and there was no likelihood or probability of conviction of petitioner on the basis of material available with prosecution---High Court quashed proceedings against petitioner---Constitutional petition was allowed accordingly.

Syed HUR RIAHI GARDEZI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs Ss — 2022 MLD 548 KARACHI-HIGH-COURT-SINDH

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