KARACHI - The Sindh High Court on Monday granted interim pre-arrest bail to former chief minister of Sindh Syed Qaim Ali Shah in an investigation pertaining alleged illegal allotment of state land in Karachi.
A bench headed by Justice Omar Sial granted pre-arrest bail of the ex CM Syed Qaim Ali Shah seeking order to nullify call-up notice issued by the National Accountability Bureau (NAB) which they served for investigation regarding alleged illegal allotment of land in Malir. He also pleaded to restrain NAB to arrest him.
While submitting his preliminary arguments, Shah’s counsel Barrister Zamir Ghumro submitted that his client has been issued a call up notice by the NAB which was illegal, he added that the NAB has initiated the investigation of that allotment of the state land which his client had already canclelled its allotment in his tenure.
The lawyer submitted that the petitioner believes that the impugned call up notice was served to arrest him on political grounds. He submitted that the NAB has issued the call up notice to the petitioner for the powers exercised by him as the CM Sindh, which cannot be called into question being in contravention of the Article 248 of the Constitution. The counsel pleaded the court to nullify the NAB’s call up notice and requested to grant pre arrest bail.
The court granted the bail plea on surety of Rs one million till second week of February. The court also directed the former chief minister to appear and join NAB inquiry.
On December22, the former Sindh chief minister Syed Qaim Ali Shah had moved with the plea against NAB’s call-up notice over alleged violation of rules in allotment of land in Malir River.
In his plea, the petitioner stated that he had received the call-up notice, which was sent to him on December 18, 2018, he termed the notice as illegal and violation of principles of natural justice, fairness and equity.
The petitioner prayed for pre-arrest bail and pleaded innocence and stated he is being falsely implicated in the instant investigation.
He also submitted that call-up notice is absolutely vague and arbitrary for the reason that NAB officials have failed to disclose any evidence against him.
Petitioner also stated that constitution provides protection, inter alia, to the Chief Minister of a province for the exercise of powers and performance of functions of his respective office or for any act done or purported to be done in exercise of those powers and performance of those functions.
He also stated that through impugned call-up notice no specific allegations have been leveled against him so as to allow him to defend the same and said that respondents have misconstrued the law by issuing call up notice to him for actions performed by him in exercise of his powers under the constitution.
Petitioner prayed the court to declare call-up notice without lawful authority and in violation of constitutional protection and pleaded that this call-up notice should be quashed.