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Petitioner: RAMESH M. UDESHI VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Muhammad Roshan Essani, Muhammad Mujeebullah Siddiqui Title: RAMESH M. UDESHI vs THE STATE Case No.:Criminal Accountability Appeals Nos.45, 48, 49, 50 and Criminal Revisions
JUDGMENT
Reported As: 2002 P Cr. L J 1712 Result: Order accordingly Judgment JUDGMENT JUDGMENT ' MUHAMMAD MUJEEBULLAH SIDDIQUI, J.--- All above appeals and revision applications arise out of the similar set of facts but are directed against four different orders of the learned trial Courts. ' The relevant facts are that accused Ramesh M. Udeshi was Secretary, Land Utilisation Department in the Government of Sindh. At the relevant time Syed Abdullah Shah, was Chief Minister of the Sindh Province. 26 persons whose names shall presently transpire with the reproduction of summary prepared by accused Ramesh M. Udeshi, for the then Chief Minister of Sindh, were leased out lands measuring different areas in various Dehs of Karachi, East, for a period of 30 years for the purpose of Poultry Farming. The lands were originally leased out by the Deputy Commissioner, Karachi, East. The Chief Minister entertained applications from all the 26 lessees, seeking conversion of the lands and the Chief Minister vide orders, dated 15-1-1994 allowed the conversion in relaxation of policy and existing ban. The Chief Minister, not only allowed the land meant for poultry farms to be converted for industrial/residential/commercial purposes, but extended the period of lease from 30 years to 99 years as well at the rate of Rs,25,000 per acre. ' All the applications which were entertained directly by the Chief Minister and were allowed by him were sent to accused Ramesh M. Udeshi and he in the capacity of Secretary, Government of Sindh Land Utilisation Department prepared summary on 20-1-1994, which reads as follows:-- "Government of Sindh Board of Revenue Summary for the Chief Minister,
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Sindh ' Subject: Conversion of Poultry Farming leases from 30 years leases in Dehs Rehri, Gangiaro, Khanto and in Deh Dih, Karachi East for Industrial/Residential/Commercial purposes at the prescribed rate of Rs,25,000 per acre. As on prescribed rate of Rs,50,000 per acre. ' Chief Minister, Sindh may kindly peruse his following orders/directives on the various following applications for conversion of poultry farming lease period from 30 years into industrial/residential/commercial purposes on 99 years at the prescribed rate of Rs,25,000 per acre. The name of applicants, area leased out. N.A. Class No, Deh and orders of the Chief Minister, Sindh are shown against each:-- Sr. No, Name applicant/lesseeArea held on lease NA class No, Deh as per applicationOrders/directives of Chief Minister
1 Mr. Muhammad Budhal son of Mir Muhammad 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming purposesConversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "A" 2 Mr. Hamzo son of Sadiq 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming purposes .Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. Annexure "B" 3 Mr. Saleh Muhammad son of Muhammad Hassan 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming purposesConversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "C" 4 Mr. Abdul Aziz son of Dawood 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming purposesConversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "D" 5 Mr. Hassan Ali son of Taj Muhammad
16-0 acres iii NC 26 Deh Rehri Karachi East leased for poultryConversion allowed in relaxation of policy and existing ban.
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farming purposes (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "E" 6 Mr. Abubakar son of M. Dawood
16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years.Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "F" 7 Haji Sachal Muhammad son of Muhammad Siddiq 16-0. Acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years lease.Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "G" 8 Mr. Younus son of Haji Saboo 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years lease.Conversion allowed in relaxation of policy and existing ban. (Sd.) - Chief Minister, Sindh. 15-1-1994. Annexure "H" 9 Mr. Hassa son of Haji Saboo 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years lease.Conversion allowed in relaxation of policy and existing ban. (Sd.) , Chief Minister, Sindh. 15-1-1994. Annexure "I" 10 Mr. Faryad son of Soomar 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years lease. ' Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "J" 11 Mr. Ibrahim son of Ahmed 16-0 acres in NC 26 Deh Rehri Karachi East leased forConversion allowed in relaxation of
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poultry farming 30 years lease.policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "K" 12 Mr. Abdullah son of Muhammad
16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years. , Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "L" 13 Mr. M. Hanif son of Haji A. Rahim 16-0 acres in NC 26 Deh Rehri Karachi East leased for Conversion allowed in relaxation of poultry farming 30 years.Policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "M" 14 Mr. Noor Muhammad son of Haji Raza Muhammad . 16-0 acres in NC 26 Deh Rehri Karachi East leased for poultry farming 30 years.Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "N" 15 Mr. A. Sattar son of Haji Sachal 16-0 acres in NC 26 Deh Rehri Karachi East leased out for poultry farming 30 yearsConversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "O" 16 Mr. M. Younis son of Saleh 4-0 acres in NC 46 Deh Gangiaro Karachi East leased out for poultry farming 30 yearsConversion allowed in relaxation of policy and existing ban. (Sd.) Chief ', Minister, Sindh. 15-1-1994. Annexure "P" 17 Mr. Hassan All son of Taj Muhammad4-0 acres in NC 46 Deh GangiaroConversion allowed in relaxation of
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Karachi East leased out Dairy farming for 30 years.policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure. "Q" 18 Mr. Zafar son of Ibrahim 16-0 acres in NC 46 Deh Gangiaro Karachi East leased out . For Dairy farming on 30 years. Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "R" 19 Mr. Abubakar 4-0 acres in NC 46 Deh Gangiaro Karachi East leased out for Dairy farming on 30 yearsConversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "S" 20 Mr. Abdul Aziz son of Dawood 3-0 acres in NC 46 Deh Gangiaro Karachi East leased out for Dairy farming on 30 years. Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "T" 21 Messrs Iqbal Rasheed and Muhammad Ali
4-0 acres in NC 89 Deh Khanto Karachi East leased out for poultry farming on 30 yearsConversion allowed in relaxation of policy and existing . Ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "U" 22 Mr. Abdul Majeed Jokhio
13-28 acres in NC 29 Deh Khanto Karachi East leased out on 10 years for Barani cultivation.Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "V"
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23 Mr. Muhammad Ibrahim Malik son of Haji Khair Din 15-0 acres in NC 24 Deh Dih Karachi East leased out on 30 years for poultry 'farming purposes.Conversion allowed in relaxation of policy and existing ban. (Sd.) Chief Minister, Sindh. 15-1-1994. Annexure "W" 24 Mr. Hussain Box 4-0 acres in NC 26 Deh Rehri Karachi East leased out on 30 years for poultry farming purposes.Annexure "X" 25 M. Saleh son of Naukar Khan 8-0 acres in NC 26 Deh Rehri Karachi East leased out on 30 years for poultry farming purposes.Annexure "Y"
26 Mr. Khadim Hussain son of Hussain Bux 8-0 acres in NC 26 Deh Rehri Karachi East leased out on 30 years for poultry farming purposes.Annexure "Z" 2. As per orders of the Deputy Commissioner, Karachi, East mentioned above, the applicants were leased out land as shown against each in Deh Rehri, Gangiaro, Khanto and in Deh Dih for poultry farming purposes as well as Dairy/Barani cultivation purposes. Regarding the question whether these leases are intact, cancelled under suo motu stay or falls in any scheme of K.D.A. Hence it is for the D.C., Karachi, East to report the present position/status of land involved as discussed in preceding paragraphs. 3. Besides above, according to existing provisions of the policy/ rule/law, there is no such provision/condition to convert Poultry/Dairy/Barani cultivation leases into 99 years lease for industrial/residential/commercial purposes. According to condition No,14 of the Statement of Conditions notified on 12-5-1975, the commercial plots are to be disposed of through open auction. Condition No,16 (ibid) provides that the industrial plots are to be disposed of by open auction or through private negotiations subject to N.O.C. Of Industries Department. Besides, the Government has constituted the Price Fixation Committee under the Chairmanship of Minister, Industries for determination of price. Under rule 28 of Rules of Business, the price of land has to be fixed with the consultation of Finance Department. 4. Mention may be made that in the previous Government such conversions were allowed in relaxation of existing policy rule/law as well as in Rules of Business by exercising powers envisaged under section 10(1) of the Colonization of Government Lands (Sindh) Act, 1912. The rate on which such conversion was allowed is Rs,50,000 per acre in Deh Rehri, Gangiaro, Khanto and in Deh Dih, at Rs,25,000 per acre as mentioned in the above applications.
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5. In view of the position explained above, if the Chief Minister Sindh is inclined to consider the request of the applicants, the same may be allowed under section 10(1) of the Colonization of Government Lands (Sindh) Act, 1912 duly vetted by Law Department vide its opinion, dated 13-5- 1990 (Annexure "CC") in relaxation of existing policy/Rules of Business as well as ban imposed by the Government at the rate of Rs,50,000 per acre. (Sd.) Ramesh M. Udheshi Secretary, to Government of Sindh Land Utilization Department. Chief Minister, Sindh ' The above summary was approved by the then Chief Minister of Sindh on 25-1-1994 and was received back by Ramesh M. Udeshi on 21-9-1994. He, thereafter, issued conversion orders on 3,0-1- 1994 to all the 26 beneficiaries. The conversion order contained a direction to the concerned Deputy Commissioner, for taking necessary action and who in turn issued similar directions to the Mukhtiarkar. Thereafter, challans were prepared for depositing the prescribed amount by each of the beneficiaries. After deposit of the amount in Government Treasury, the lease agreements were executed in favour of the respective beneficiaries. The inquiry/investigation was conducted into the allegation of causing huge losses to the State Revenue and extending benefit/favour to the beneficiaries by misuse of authority under the Ehtesab Act, 1997. The investigation was completed under the Ehtesab Act, 1997, but the matter was not referred to the Court. In the meanwhile the Government was taken over by the military. National Accountability Bureau Ordinance was promulgated on 16th November, 1999, whereby the Ehtesab Act, 1997, was repealed. ' The Chairman, National Accountability Bureau, on the basis of investigation already completed under Ehtesab Act, 1997, made various references to different Accountability Courts at Karachi against the beneficiaries separately. In each reference, alongwith respective beneficiary, the then Chief Minister, Sindh and Ramesh M. Udeshi, the then Secretary, Government of Sindh, Land Utilization Department, Government of Sindh were arraigned as accused. ' It would be pertinent to observe that Reference No,18 of 2000 against accused Syed Abdullah Shah, Ramesh M. Udeshi and Abu Bakar son of M. Dawood Jat, was decided by Accountability Court No,1, Province of Sindh (presided over by Dr. Qamaruddin Bohra) on 29-5-2000. Accused Ramesh M. Udeshi was convicted. The beneficiary was also convicted. In the concluding para. Of the judgment, the learned Judge, Accountability Court No,1, Province of Sindh, observed as follows:-- "Before parting with this judgment I am helpless to observe that this reference is outcome of joint summary of 26 cases floated by accused Ramesh M. Udeshi, the then Secretary, Land Utilization Department Government of Sindh, to absconding accused Syed Abdullah Shah, the then Chief Minister of Sindh to favour benefit to 26 persons by allowing conversion of land from one category to other but only to take action choice out present accused Abu Bakar for conversion of 4 acres of land otherwise he was allowed 16 acres in NA Class 26 Deh Rehri, Karachi, East at Serial No,6 in the same joint summary. Against two other beneficiaries namely Muhammad Saleh and Haji Sachal Muhammad, references have been filed which are pending in this Court bearing Nos.17 and 19 of 2000. This shows other 23 beneficiaries are so far left, which reflect adverse to transparent of process of Accountability and this point also raised before this. Court on behalf of accused Abu Bakar (beneficiary). The Chairman, National Accountability Bureau, therefore, may examine the matter within reasonable time so that all culprits be brought to Court who have destroyed the economic of the country and caused loss to Public Exchequer. Copy of this judgment be sent to the Chairman, National Accountability Bureau." ' It appears that after the above observations of learned Judge, Accountability Court No,1, the National Accountability Authorities deemed it fit to make references against other beneficiaries. Accused Ramesh M. Udeshi, was arraigned as accused in each reference seeking his trial separately in each case for the acts and omissions flowing from the joint summary prepared by
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him. While deciding Reference No,18 of 2000, the learned Judge, Accountability Court No,1, framed the following points for determination in respect of Mr. Ramesh M. Udeshi. 2. Whether accused Ramesh M. Udeshi in connivance with absconding accused Syed Abdullah Shah and to favour the co-accused Abu Bakar floated a joint summary, dated 20-1-1994 in violation of law/instructions and also in flagrant disregard of the Sindh Government Rules of Business, 1986 issued Conversion Order No,PS/MBR/(L.U.)/93/94, dated 30-1-1994 in violation of the existing ban and also informed the then Deputy Commissioner, District Malir and under instructions of accused Ramesh M. Udeshi, the then Deputy Commissioner issued letter to Mukhtiarkar, Malir giving the list of 25 persons including the name of co-accused Abu Baker and thus accused Abu Baker illegally benefited by the said conversion? 3. Whether accused Ramesh M. Udeshi and absconding accused Syed Abdullah Shah by allowing conversion as public functionaries at throwaway price at Rs,50,000 per acre causing colossal loss to the public exchequer as at the relevant time the market value of the land in, question was Rs,4,89,000, and thus in surreptitious and dishonest deal in collusion and connivance an illegal loss to the tune of Rs,17,56,000 was caused to the State by corruption and corrupt practices provided illegal benefit to co-accused Abu Bakar by misuse of authority being holder of Public Office and showing favouritism and nepotism in favour of co-accused Abu Bakar? 4. What offence, if any, has been committed by the above-named accused persons? ' Accused Ramesh M. Udeshi, was convicted in Reference No,17 of 2000 also in which beneficiary was Haji Sachal Muhammad son of Muhammad Siddiq Taj, vide judgment, dated 10-7-2000 and the learned trial Court had framed, the inter alias following points for determination:-- 2. Whether accused No,2 Ramesh M. Udeshi in connivance with absconding .Accused Syed Abdullah Shah and to favour absconding accused Haji Sachal Muhammad floated a joint summary dated 20-1-1994 mentioning name of absconding accused No,3 at Serial No,3 in violation of law/instructions and also in flagrant disregard of the Sindh Government Rules of Business, 1986 issued S/MBR/(L.U.)/94/94, dated 30-1-1994 in violation of the existing ban and also directed the then Deputy Commissioner, Malir who under instruction of accused Ramesh M. Udeshi issued letter to Mukhtiarkar Malir giving the list of 25 persons including the name of absconding accused Haji Sachal Muhammad for further action and thus, absconding accused Haji Sachal Muhammad illegally benefited by the said conversion? 3. Whether accused Ramesh M. Udeshi and absconding accused Syed Abdullah Shah in collusion with accused No,3 by allowing conversion as public functionaries at throwaway price at Rs,50,000 per acre causing colossal loss to the Public Exchequer as at the relevant time the market value of land in question was Rs,4,00,000 and thus, in surreptitious and dishonesty deal in collusion, connivance and an illegal caused loss to the tune of Rs,56,00,000 to the State by corruption and corrupt practices provided illegal benefit to absconding accused Haji Sachal Muhammad by misuse of authority being holder of Public Office by showing favouritism and nepotism to the absconding accused Haji Sachal Muhammad? 4. What offence, if any, have committed by the above-named accused? ' Accused Ramesh M. Udeshi was convicted in Reference No,19 of 2000 as well vide judgment, dated 12-7-2000 in which the beneficiary is Saleh Muhammad son of Muhammad Hassan. In this case also the points for determination in respect of Remesh M. Udeshi were as follows:-- 2. Whether absconding accused Muhammad Saleh by undated application requested for conversion of 16 acres of land having grant of temporary lease for 30 years for poultry farm in N.C. No,26 Deh Rehri, District Malir into a lease for 99 years for industrial/commercial and residential purposes at the rate of Rs,25,000 per acre to absconding accused Syed Abdullah Shah who made an endorsement on 15-1-1994 and marked to accused No,2 Ramesh M. Udeshi the then Secretary,
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Board of Revenue (Land Utilization) Department, Government of Sindh who received the same on 18-1-1994? 3. Whether accused No,2 Ramesh M. Udeshi in connivance with absconding accused Syed Abdullah Shah and to favour absconding accused Muhammad Saleh floated a joint summary, dated 20-1-1994 mentioning name of absconding accused No,3 at Serial No,3 in violation of law/instructions and also in flagrant disregard of the Sindh Government Rules of Business, 1986 issued Conversion Order No,PS/MBR/(L.U.)/94/94, dated 30-1-1994 in violation of the existing ban and also directed the then Deputy Commissioner, Malir who under instruction of accused Ramesh M. Udeshi issued letter to Mukhtiarkar, Malir giving the list of 25 persons including the name of absconding accused Muhammad Saleh for further action and thus absconding accused Muhammad Saleh illegally benefited by the said conversion? 4. Whether accused Ramesh M. Udeshi and absconding accused Syed Abdullah Shah in collusion with accused No,3 by allowing conversion as Public Functionaries at throwaway price of Rs,50,000 per acre causing colossal loss to the Public Exchequer as at the relevant time the market value of land in question was Rs,4,50,000 and thus in surreptitious and dishonestly causedloss to the tune of Rs,56,00,000 to the State by corruption and corrupt practices provided illegal benefit to absconding accused Muhammad Saleh by misuse of authority being holder of Public Office by showing favouritism and nepotism to the absconding accused Muhammad Saleh? 5. What offences, if any, have been committed by the above-named accused? ' The facts giving rise to the Reference No,18 of 2000 in which Ramesh M. Udeshi, was convicted first of all and in which observation was made by the trial Court that 23 beneficiaries have been left, as contained in the judgment of the trial Court are as follows:-- "Brief facts of the case/reference are that accused Abu Baker addressed an undated application to absconding accused Syed Abdullah Shah, Ex-Chief Minister, Sindh requesting therein that a piece of land admeasuring 4 acres for which temporary lease for 30 years for poultry farm had been granted in his favour in NA Class No,46 Deh Gangiaro, District Malir may be converted inte a lease for 99 years for industrial/residential commercial purposes at the rate of Rs,25,000 per acre in relaxation of policy ban. ' That the application addressed to absconding accused Syed Abdullah Shah on which there was an endorsement, dated 15-1-1994 "conversion allowed in relaxation of policy and existing ban" and the same was marked to accused Ramesh M. Udeshi who has endorsed the same on 18-1-1994. ' That accused Ramesh M. Udeshi thereafter, appears to have floated a joint summary including therein the name of accused Abu Bakar, dated 20-1-1994 in violation of law/instructions and also in flagrant disregard of the Sindh Government Rules of Business, 1986 which provides concurrence of the Finance Department and thus recommended for conversion of land. ' That absconding accused Syed Abdullah Shah and accused Ramesh M. Udeshi were high officials and also holders of Public Office in the Government of Sindh in clandestine manner and in collusion approved the summary on 25-1-1995 including the name of Abu Baker as beneficiary at the rate of Rs,50,000 per acre. ' That accused Ramesh M. Udeshi thereafter issued conversion order No,PS/MBR/(L.U.)/93/94, dated 30-1-1994 in violation of the existing ban and the statement of conditions notified on 12-5-1975 under section 10(1) of the Colonization of Government Lands (Sindh) Act, 1912. ' That accused Ramesh M. Udeshi then initiated to inform the Deputy Commissioner, Karachi, East/Malir and thus the then Deputy Commissioner under the instructions of accused Ramesh M. Udeshi issued letter to Mukhtiarkar, Malir giving the list of 25 persons including the name of accused Abu Baker who had been illegally benefited by such conversion. ' That accordingly a challan for the conversion of land at the rate of Rs,50,000 was deposited and lease agreement was obtained by accused Abu Baker under the directions of absconding accused
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Syed Abdullah Shah and accused Ramesh M. Udeshi. ' That the land, thus was dishonestly disposed of by the public functionaries at throwaway price causing colossal loss to the public exchequer as at the relevant time the market price of the land in the vicinity was Rs,4,89,000 and thus in surreptitious and dishonest deal in collusion and connivance an illegal loss to the tune of Rs,17,56,000 was caused to the State thus the absconding accused Syed Abdullah Shah and accused Ramesh M. Udeshi have indulged in the acts of corruption and corrupt practices to illegally benefit the accused Abu Baker by showing favouritism and nepotism to accused Abu Baker who has acted as beneficiary by his acts of abetment. ' The above-named accused persons in collusion, connivance and collaboration committed offence/offences under section 9 of the National Accountability Bureau Ordinance, 1999 and thus, accused persons are liable to be punished under section 10 of the National Accountability Bureau Ordinance, 1999." ' In the reference filed subsequent to the observations made by the trial Court while deciding Reference No,18 of 2000, the similar facts were repeated as all of them were based on the contents of the joint summary prepared by Ramesh M. Udeshi. ' For the sake of comparison, contents of Reference No,20 of 2001 are reproduced below:-- Reference No,20 of 2001 State versus ' Noor Muhammad son of Haji Raza Muhammad Jat, Resident of Lath Basti Landhi, Deh Rehri, Tapo Ibrahim Haidri, District Malir, Karachi. 2. Ramesh M. Udeshi, Ex-Secretary, Land Utilization Department, Government of Sindh, presently confined at District Prison Malir (Landhi), Karachi. 3. Syed Abdullah Shah, Ex-Chief Minister Sindh, Karachi.... Accused. Reference under section 18(g) read with section 24(b) of the National Accountability Bureau Ordinance, 1999 (Ordinance (XVIII of 1999). Respectfully shewth:-- 1. That accused No,1 resident of Lath Basti Landhi, Deh Rehri, Tapo Ibrahim Haidri, District Malir, Karachi, was granted…
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