Rehan-ultHasat magistrate Seca’. atl Mae Parva Eh Vs The State. 1 ORDER 17.09.2023 Present:~ Accused Ch. Pervalz Elahi, under police custody. Assistant Director Malik Naveed Tariq, ACE, Lahore Region-A, in Deputy Director Investigation Ghazanfar Tufail, ACE, Lahore Region-A, in person Director Legal-1 Jam Salluhdin, DACE, Punjab, Lahore R 4 Muktar Ahmad Ranjha, Mohsin Murtaza asel forthe accused. eamed ADPP on behalf of the state Through this application, LO has requested for physical remand for L4-days of 25 accused for recovery of to recover site plans, collection of evidence and for completion of investigation Deputy Director and learned ADPP for the State has argued that accused is nominated in FIR and acquisition is fully supported by the statement of witnesses recorded w/s 161 CrP.C, and requested for maximum physical remand of accused for effecting recovery collection of evidence and completion of invest 02, Leamed counsel for the accused has rebutted the arguments of teamed Deputy Direetor and leamed ADPP for the State argued that the arrest of accused in clear violation of the contempt petition is pending against the delinquents and further requested for initiation of proceedings against the investigating officer, who arrested the accused. The prosecution was required to hold a preliminary inquiry before registration of this case as per law but fed this ease in clear violation of Rule-5 of the Punjab Anti: prosecution has got regist Corruption Establishment Rules 1985. The accused remained Chief Minister of Punjab from 24,07.202: 22.01.2023 and the Lahore Division Master Plan-20S0/Project was initiated in 1014 and the then Chief Minter of 2014 in which the services of foreign company was hired in Punjab ie. Muhammad Shahbaz Sharif had paid Rs.48,00,00,000/- to said companies i.e Company), The latest Master Development Daruthindassah (Lebanon/French Construction lan of LDA is presently suspended by Hon’ble Lahore High Court, Lahore. Accused isin the ferent state departments since 1 June 2 The investigation against the accused cannot be initiated ary and the permission was not oblained by the ‘without permission of Chief Seer accused's son purchased the property in Moza Kotli Department. It is further added that th ar District Kasur in the year 2002 i. prior to launching of Lahore Master Plan of Rai Abu Ba the Lahore Development Authority and it has to be completed in the year 2080. The Lahore ed ent Authority is custodian of the record alongwith site plans, therefore, the all of accused. The original culprits are enjoying liberty and the Developn site plans are not in the custody ically victimized by the State Departments. He further argued that the Lahore Master Plan was already investigated by National Accountability Bureau (NAB), in present case is illegal, There is no incriminating material ischarge of the accused from this case. present accused is pol therefore, the arrest of accused against the accused and finally prayed for dis¥ Ch, Pervaiz Elahi vs The State. 1 Arguments heard, record perused. 0 M. FIR was registered at instance of Tariq Mehmood Circle Officer, Head Quarter ACE, Lahore Region-A not by the LDA i authority which launched Lahore Division Master ity to Plan 20S0/Project ; Project. It is an admitted fact that the accused having no authority/cap The only allegations against the accused is change alter/modify project nor it is so alleg that he was Chie P Chief Minister of Punjab and by practicing undue influence by the use of hs chair forced Faisal Masood (Director Master Plan) and Syed Mubammad Nadeem Akhtar Zaidi (Chief Master Politan P} f Master Politan Plan) to inchide Moza Kotli Rai Abu Bakar, as in said Moza his sons Rasikh Elahi and Monis Etahi were owner of land measuring 300-acres and inclusion of Moza Kotli Rai Abu Bakar in Lahore Division Master Plan 20S0/Project enhance/multiply the value of the property owned by prope 4 by sons of the accused. When asked 1.0, learned ADPP and Deputy Director frankly admitted t c frankly admitted that no wrongful loss was caused by the accused to any comps any institution/department of government including LDA, any private person or even to project i.e. “Lahore Division Master Plan 20S0/Project”, For the application of offences ws 420/467/468/471 of PPC causing of wrongful loss to someone is also most important ingredient which is missing in this case. If no loss is caused to anyone including Lahor Division Master Plan 2050/Project question arises that who is aggrieved, This case ts of its ed f., own nature where prima facie none i cy ‘Y os. Case is based on the statements of Faisal Masood (Director Master Plan) and idi (Chief Metro Politian Planner) who were actual Syed Muhammad Nadeem Akhtar Z fps On asking by Court Deputy Director, ADPP as well as LO admitted that none from scused. It is surprising that those who th above named officers are treated as culprit 1ed Lahore Division Master Plan 2050/Project (as alleged in Spisused their authority and modifi 5 ee see FIR) having been taken as blue eyed are enjoying liberty but accused who has no direct role is 5 2 in custody and this is against the constitution, law of land and principle of consistency. 06. ‘or procedure of the Anti-Corruption It is not only common pra Establishment/Department but law as well that prior to registration of FIR, i always does an inquiry but in the instant ease no such inquiry has been conducted and in haphazard manner not only FIR is chalked out but accused is also aested and this fact prima facie, support the being politically victimized. Itis in wrt petition No.453602023 jab ete” in order dated learned counsel for the accused that accused is ‘ed that Hon'ble Lahore High Court, Lahore i Care Taker Government of Pun} arguments of | version of accust titled “Pervaiz Elahi ‘Vs. rf ved within 10-days after ition _No.53749/2023._t writ Govern Punjab etc” Hon'ble Lal 9.2023 observed that “petitioners 7 7” a 1307.21Ch. Pervaiz Elahi Vs. ‘The State. 3 the lara also not disputed by 1.O/Deputy Direct d le d ADPP. 07. Apart Tom above, its adiited by prosecution in sory of FIR that the company Darulhindassah (Lebanon/French Construction Company) has deposited its report alongwith site plans of Lahore Division Master Plan 2050/Project in LDA in December 2022 ‘and the original record always remains in the custody of the authority i.e. Lahore Development Authority. Besides, if as alleged plan for with the accused wherefrom investigator obtained copy of the same which is available in provided record, It cannot be even presumed that the accused who has not been alleged to have visited record room office 7 ofthe authority took/stole away original plan. Even otherwise for the sake of arguments if itis presumed that plan as alleged by the prosecution was taken away by the accused very important and material question arises that why the Anti-Corruption Deparment LDA kept not power with effect from mum for about ten months despite the fact that accused 12.01.2023 08. Discharge never amounts to acquittal becaus accused to face trial even if he was se acquittal is sweet will of leamed Court which is fully competent to summon the tria discharged. Prima facie, no incriminating material is available against accused which can commission of alleged offence. Hence the accused person namely Ch. connect him with the Pervaiz Elahi is hereby discharged in this case Th At: accused person be released forthwith if not required in any other ease. AI\N-UL-HASAN on Ticial Magistrate Stvion gfe ‘geo. Diskict Cours, Lahore aR Announced: 17.09.2023 DI It is certified that this ordyf consists of (0) three pages Bach page has been dictated, read over, corrected and signed by me: ‘N-UL-HASAN Cial Magistrate Section-30, Wc 30 (strict Courts, Lahore. “aunts Dated: 17.09.2023 Di