ISLAMABAD: The Islamabad High Court (IHC) has accepted the post-arrest bail petitions of two officers of Capital Development Authority (CDA) allegedly arrested in corruption cases.
A single bench of Justice Miangul Hassan Aurangzeb heard the petitions of two CDA officials - Muhammad Asif and Shakeel Arshad. They sought post-arrest case registered by Anti-Corruption Circle Islamabad. The court after hearing the arguments ordered to release them by granting them post-arrest bail.
The petitioners’ post-arrest bail was dismissed by the court of Special Judge, Central, Islamabad vide order dated 06.04.2023.
Their counsels contended that the petitioners have falsely been implicated in this case; that the FIR in question was lodged against the petitioners by the complainant in his capacity as Administrator Metropolitan Corporation Islamabad (MCI); that the tenure of the complainant as Administrator MCI stood expired on 27.11.2022, while the FIR in question was registered on 18.01.2023.
They said the complainant could not have lodged the complaint/FIR in question in his capacity as Administrator MCI, that entertainment of the complainant’s complaint on the basis of which the FIR in question stands registered was coram non judice; that the possibility of deliberation and malice afterthought could not ruled out in lodging the FIR.
The counsel argued that there arises no question as regards double payment as the inauguration of Green Line, Blue Line and Orange Line Metro Bus Route was initially planned at Pak China Friendship Centre and subsequently it had been changed/shifted to Bara Kahu Gillani Stop pursuant to the desire of Prime Minister and as a result, the same contractor performed work for decoration/indoor venue arrangement on both the sites.
They contended that the payment was made and the bill was cleared with the approval of all and sundry for the work carried out at both the sites by the contractor, as such no case is made out as alleged in the FIR regarding double payment; that the offences with which the petitioners have been charged do not fall within the ambit of the prohibitory clause of Section 497 of the Criminal Procedure Code, 1898.
Copyright Business Recorder, 2023