SHC takes exception to series of FIRs against businessman

The Sindh High Court (SHC) has taken exception to the arrest of a businessman time and again and observed that the prosecution did not act in accordance with the law.

The observation came on a petition of Shahzad Riaz against the registration of false cases by police allegedly at the behest of his influential rival, the Omni group. A counsel for the petitioner alleged that Riaz had enmity with Anwar Majeedullah, the OMNI Group chairman, stating that he was the de facto chief minister of Sindh and on his direction, series of FIRs had been registered against the petitioner.

He submitted that after the release of the petitioner in one case, he was booked in another and this had continued endlessly.

A division bench of the SHC comprising Justice Mohammad Junaid Ghaffar and Justice Amjad Ali Sahito inquired an additional prosecutor general as to how an FIR against the petitioner under the anti-terrorism law and robbery charges was registered on May 2, 2022 when the alleged offence was committed in Khairpur on December 12, 2021.

The additional prosecutor general submitted that he was not in a position to assist court in any manner and justify the conduct of the police. The high court observed that the investigation officer had failed to respond satisfactorily to the court’s query.

The SHC observed that it appeared that the modus operandi of the police and Anti-Corruption Establishment was that as soon as the surety was furnished in once case, the petitioner was nominated or arrested in some other FIRs. The bench added that time and again, the Supreme Court had held that no person was to be arrested straightaway only because he had been nominated as an accused in an FIR as the investigation officer must feel satisfied that sufficient justification existed for the arrest.

The high court observed that facts of the case depicted a very sad state of affairs on the part of prosecution and official respondents as time and again the petitioner was being implicated in cases surreptitiously.

The SHC observed that it was a case of gross violation of fundamental rights and the court must not remain aloof and oblivious by asking the petitioner to approach the trial court. The bench observed that the prosecution had prima facie acted with mischief and mala fide intentions against the petitioner.

The high court observed that a series of FIRs had been registered against the petitioner by the Sindh police and ACE to accomplish some alleged wish of unknown superiors, which was apparent from the bare perusal of the subject FIRs.

The SHC granted the petitioner post-arrest bail with a surety of Rs50,000. The high court ordered that once the surety was furnished, the Nazir shall issue a proper release order and direct the concerned prison authorities to release him forthwith.

The high court also ordered production of the petitioner on the next hearing directing the District Sanghar superintendent jail not to hand over the custody of the petitioner to any other authority in any purported FIR.