Islamabad - A local court Tuesday directed station house officer (SHO) Shalimar Police Station to register a first information report (FIR) against an accused Sadia Hayat on the petition of ambassador of Tajikistan for providing bogus insurance bonds to him for striking an agreement with the Tajik embassy.
Wajid Ali, additional district and sessions judge and justice of peace Islamabad, issued these orders on the petition of Ambassador Sherali Jononov, Ambassador of Republic of Tajikistan in Pakistan, who had filed the petition under section 22-a criminal procedure code (CrPC).
Tajik Ambassador moved the court through his lawyers Barrister Afzal Hussain and Malik Irfan Elahi Advocates seeking direction for the SHO Shalimar Police Station, F-10, for registration of criminal case against Sadia Hayat, partner Montage Design Build, since the SHO Shalimar police station had not registered the FIR against the accused on the complaint dated 10-09-2014 filed by the ambassador. The counsel for petitioner Ambassador Sherali Jononov maintained before the learned justice of peace that the SHO under section 154 of the criminal procedure code was legally bound to register FIR against Sadia Hayat; however, the SHO had not complied with the statutory duty and the justice of peace is empowered under the law to direct the police to register an FIR against the proposed accused and proceed against her in accordance with law.
After hearing the arguments and perusal of comments submitted by the police, Wajid Ali directed the SHO to register the case against the accused.
In his verdict, the judge noted, “Briefly stated, facts of the petition are that the petitioner is ambassador of the Republic of Tajikistan in Pakistan. On 24-04-2014, petitioner entered into an agreement with the proposed accused and as per agreement, proposed accused was obliged to submit an insurance bond from an insurance company having at least AA rating from PACRA/JCR in favour of the embassy to the extent of US $97,000. However, proposed accused deceptively and fraudulently submitted an insurance bond for Rs 95,06,000 from a company that was not “AA” rated insurance company. On 05-05-2014 due to submission of insurance/indemnity bond by the proposed accused, petitioner issued full amount of US $ 1,23,000/- to the proposed accused.”
The judgment further reads, “Thereafter, petitioner came to know about the exact status of the insurance company when proposed accused committed fraud and did not fulfil the obligations under the agreement dated 24-04-2014. Petitioner reported the matter to the local police but no action was taken so far, hence, the instant petition”.
Then, the justice of peace held that the petition under section 22-A CrPC is accepted and the SHO concerned (PS Shalimar, Islamabad) is directed to register the FIR as per allegations of the petitioner and thereafter investigate the matter in accordance with law and disposed of the petition.