KARACHI: The Sindh High Court on Wednesday expressed resentment on the Anti-Corruption Establishment (ACE) for initiating a number of inquiries in a same offence and directed the chief secretary to apply fair and judicious mind before giving approval to such inquiries.

A two-judge bench headed by Justice Mohammad Karim Khan Agha observed that two FIRs had already been registered against a petitioner in identical offences and asked him to extend his cooperation with investigating officer who must expeditiously and honestly complete this inquiry within a month.

It also directed the ACE that no further inquiry would be initiated against the petitioner in the tractor subsidy scheme.

CS Mumtaz Ali Shah assured the bench that as yet no FIR had been registered and when the inquiry in question would be completed, he would apply his fair mind as to whether to give approval for the matter to proceed further. At the outset of the hearing on Wednesday, the chief secretary turned up in the light of Tuesday’s order along with the IO of the case.

During the proceedings, Justice Agha asked the chief secretary that while approving these inquiries, he did not realise that at the same time multiple inquiries were being initiated against one person in same offences. Mr Shah contended that he was aware of only one inquiry, which was processed during his tenure.

ACE director Shahzad Fazal Abbasi in his affidavit submitted that there was only one ongoing discreet inquiry about the tractor subsidy scheme in respect of 2012-13, which might relate to the petitioner.

When the bench confronted him, he said that no further inquiry would be initiated against him in the tractor subsidy scheme for any further period.

He also swore in his affidavit that ACE will act in accordance with law and not harass the petitioner.

On Tuesday, the officials of the ACE contended that the first and second FIRs were based on different years of subsidy scam and the third case had been dropped for want of evidence while the inquiry in question initiated in May this year had nothing to do with the petitioner.

The bench in its order had noted that the discreet inquiry once again in the tractor subsidy scam had been opened against the petitioner and prima facie Mr Abbasi and Assistant Director Irfan Ali Arbab were acting in mala fide manner in respect of this inquiry and summoned them along with full record in respect of all FIRs and inquiries. The court also directed the chief secretary to appear in person and explain his position for approving the inquiry in the subject matter.

Petitioner Shahzad Riaz submitted that he owned a company, which was importing and selling agricultural tractors and he was being framed in false cases allegedly on the instigation of the Omni Group for being his competitor.

He said that the provincial government had announced a tractor subsidy programme for underprivileged farmers and his firm after completing codal formalities provided tractors and the government paid the subsidy amount.

However, the petitioner argued that he was framed in multiple cases for identical offence as the first FIR was lodged in 2017 in Karachi and the case was pending trial before an anti-corruption court, the ACE lodged the second FIR in Hyderabad in 2018 and though it was double jeopardy yet he was facing trial while the third FIR was lodged in 2019, but upon providing all evidence, his name was dropped from the case.

He further submitted that yet another inquiry against him was initiated by the ACE in May in the same tractor subsidy scheme and pleaded to quash the same.

Published in Dawn, November 11th, 2021