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Petitioner: AHMAD RIAZ SHEIKH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Rustam Ali Malik, Ali Nawaz Chohan Title: AHMAD RIAZ SHEIKH vs THE STATE Case No.:Criminal Appeal No, 1965 of 2001 and Writ Petitions Nos. 15582 and 7109 of
JUDGMENT
Reported As: 2007 YLR 3036 Result: Order accordingly Judgment JUDGMENT ' RUSTUM ALI MALIK, J.- Through this judgment we intend to dispose of Criminal Appeal No, 1965/2001 titled Ahmad Riaz Sheikh v. The State as well as Writ Petition No, 15582/2004 titled 'Shabina Riaz v. N.A.B.' and Writ Petition No,7109/2004 titled Uzma Baig v. The State A 2. The brief facts are that Accountability Reference No, 15/2001 under section 18(g) read with section 24 of the National Accountability Bureau Ordinance, 1999 was filed by the 'Acting Chairman', N.A.B. Against Ahmad Riaz Sheikh accused/ appellant in the Accountability Court, Attock on the plea that it had been brought to his notice that the accused aforesaid as holder of public office had indulged in acts of corruption and corrupt practices and had acquired valuable assets i.e, (a) gold ornaments, (b) prize bonds, and (c) share certificates, immovable assets consisting of housesr residential plots, agriculture and cash which he had invested in business concerns and had deposited huge amounts in banks and had also lavishly spent on his living. The Anti- Corruption Establishment was directed ta conduct investigation into the matter and the Investigating Officer submitted the report. In the reference it was stated that the investigation had revealed that the accused had acquired movable and immovable properties and pecuniary resources disproportionate to his known sources of income. 3. In the reference it was also stated that the accused, his dependents and benamidars had not been able to account for the properties/assets held by them nor had given any satisfactory explanation for having the aforesaid assets in their names. It was further stated that the accused had acquired those assets through misuse of authority and had gained benefit and favour for himself and for his benamidars. The investigation had further revealed that the accused had bank
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accounts and immovable properties in foreign countries as well and the investigation in that respect was in progress and in case Of confirmation from Foreign Office by Overseas Wing of the N.A.B. a separate reference in this respect shall be submitted against the accused in due course of time. 4. The 'Referring Authority' stated in the reference that it had gone through the record of the properties and assets as well as the statements of the witnesses recorded by the Investigating Officer and from the record it appears that Ahmad Riaz Sheikh accused had committed acts of corruption and corrupt practices as defined in section 9 of the N.A.B. Ordinance, 1999, read with the Schedule of the Offences thereto. It was therefore requested that the accused be tried in accordance with the provisions of the N.A.B. Ordinance. 5. The accused was formally charged by the learned' Judge, Accountability Court No, II, Attock on 22-10-2001 to the effect that he owned and possessed pecuniary resources, movable and immovable properties and the beneficiaries of which were (1) Shabina Riaz, (2) Khalid Nawaz, (3) Qaisar Adeeb Beg, (4) Zulfiqar Ahmad A Khan, (5) Iftikhar Ahmad Khan, (6) Zarqa Beg, (7) Uzma Beg and (8) Ayesha Beg. The detail of those assets and properties were given in the charges as below (a) Gold ornaments valuing Rs, One Crore approximately. (b) Prize bonds worth Rs,5 lacs. (c) Share certificates of Mian Sugar Mills worth Rs, 1,45,000. (d) House No,38-C, Faisal Town, Lahore in the names of minor sons having estimated value of Rs,50 lacs. (e) A residential plot measuring 20K- 15- M in the name of Shabina Riaz in Amirpura adjacent to Green Acre Housing Society, Raiwind Road, Lahore valuing over Rs,40 lacs. (f) A benami one kanal residential plot in Valencia Housing Society in the name of Mrs. Qaiser Adeeb Beg, sister-in-law, valuing over Rs,10 lacs. (g) A benami 29 K commercial/ industrial plot in Wasaway Wala, Tehsil Depalpur, District Okara in the name of Khalid Nawaz, brother of the accused valuing over Rs,15 lacs. (h) Agricultural land measuring 75 acres in the name of the accused and his wife, Shabina Riaz and son Hashaam Riaz in Village Qalandarpur, Tehsil Minchinabad, District Bahawalnagar valuing over Rs,75 lacs. ' A benami industrial unit, Noor Jehan Dying Mills in the name of his in-laws on industrial plot measuring 14-K-12-M at Ferozepur Road, Lahore valuing over Rs,1.5 crore. (j) Investment of over Rs,35 lacs in Tough Stone Computer College (Pvt.) Ltd., 28-C, Gulberg, Lahore. (k) 2 Bank accounts in his name, having transactions of over Rs,47.50 lacs approximately. (l) 2 Bank accounts in the name of his wife Shabina Riaz having transaction over Rs,50 lacs. (m) 8 benami accounts in the name of Zulfiqar Ahmad Khan, brother-in- law Zarqa Beg and Uzma Beg, daughters of sister-in-law of the accused, both in Pak Rupees and foreign currency having transactions of over 5 lacs US Dollars, over 22,000 Pounds Sterling and over Rs,l crore. (n) He had also been spending lavishly on luxurious living of his family. He had been spending over Rs,3,50,000 per month since 1994. ' In the charge it was stated that the pecuniary resources and the properties aforesaid were grossly disproportionate to known and declared sources of income of the accused and which he could not reasonably account for and had also not shown the same in his income tax/wealth tax returns and of his other family members. 6. It may be mentioned here that the learned trial Court also summoned the coaccused of the appellant (though they had not been arrayed as accused in the reference) and tried Ahmad Riaz Sheikh appellant in this reference along with his aforesaid co-accused namely (1) Shabina Riaz, (2)
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Khalid Nawaz, (3) Qaisar Adeeb Beg, (4) Zulfiqar Ahmad Khan, (5) Iftikhar Ahmad Khan, (6) Zhrqa Beg, (7) Uzma Beg, and (8) Ayesha Beg. All the accused pleaded not guilty and the prosecution was thus asked to produce its evidence. 5. In this case the prosecution examined as many as 51 prosecution witnesses besides producing voluminous record consisting of a large number of documents, a mention of which shall be made in due course. 6. The prosecution witnesses examined in this case were P.W.l Iqbal Khichi, Muharrar Registry, Tehsil Depalpur, P.W.2 Zafar Iqbal, Excise and Taxation Inspector, Haveli Lakha, District Okara, P.W.3 Fiaz Ahmad Patwari, Halqa 3/S.P., Tehsil Depalpur, District Okara, P.W.4 Sayed Samman Abbas, Office Superintendent F.I.A. Headquarters, Islamabad, P.W.5 Muhammad Anwar,. Patwari Halqa Bonga Saleh, Tehsil Depalpur, District Okara, P.W.6 Muhammad Bashir, Officer Grade-II, currently posted at United Bank (Ltd.), Al- Flah Branch, Lahore, P.W.7 Muhammad Nadeem Aslam, Manager Banking, Habib Bank Ltd., Panorama Branch, Lahore, P.W.8 Mumtaz Hussain, Manager Cash and Remittances Department, H.B.L., Main Market, Gulberg, Lahore, P.W.9 Muzaffar Khan, Senior Compliance Officer, Citibank, Lahore, P.W.10 Hafiz Muhammad Hussain, Vice-President, H.B.L., Main Market, Gulberg, Lahore, P.W.l 1 Muhammad Kishwar Kiani, Inspector, F.I.A., Headquarters, Islamabad, P.W. 12 Muhammad Abbas Ali, Joint Estate Officer, posted at Estate Office, Government of Pakistan, Lahore, P.W. 13 Shafi Muhammad Senior Clerk, Record-keeper, Directorate of Estate Management, Lahore, P.W. 14 Ghulam Rasool, Assistant Director, L.D.A., Lahore, P.W.15 Imran Aslam, Karat jewellers, G-10 Empire Centre, Gulberg, Lahore, P.W.16 Muhammad Ashraf, Singhar Jewellers, Maclagan Road, The Mall, Lahore, P.W.17 Khadim Hussain, Ruby Jewellers, Maclagan Road, Lahore, P.W.18 Muhammad Ikram, Sonika Jewellers, 39-C-II, Commercial Zone, Liberty Market, Lahore, P.W. 19 Ahmad Ali, Deputy Commissioner, Income Tax/Wealth Tax, Circle 16, Zone-B, Lahore, P.W.20 Mazhar Javed, Income Tax Officer, District Pakpattan, P.W.21 Rana Zulfiqar Ali, Deputy Assistant Director, Regional Passport Office, Lahore, P.W.22 Muhammad Tahir, Deputy Commissioner, Income Tax Circle 15, Company Zone No,l, Lahore, P.W.23 Muhammad Ahmad Chaudhry, Magistrate 1st Class/A.D.O.R., District Hafizabad, P.W.24 Syed Imran Wasti, Chief Billing Officer, Sui Northern Gas Pipelines Limited, 21- Kashmir Road, Lahore, P.W.25 Muhammad Sabir, A.S.I., Police Station N.A.B., Lahore, P.W.26 Allah . Rakha Anjum, Special Judicial Magistrate, Lahore Cantt., Lahore, P.W.27 Syed Sajid Termizi (Judicial Magistrate 1st Class), Ravi Town, Lahore, P.W.28 Syed Akbar Ali Zaidi, P.W.29 Mian Muhammad Asif, Proprietor En Em Stores, Liberty Market, Lahore, P.W.30 Iftikhar Ahmad Malik, Bursar, Aitchison College, Lahore, P.W.31 Muhammad Iqbal, Patwari Halqa, Qalandarkot, Tehsil Minchinabad, District Bahawalnagar, P.W.32 Iftikhar Ahmad, Tehsildar, Board of Revenue, Lahore, P.W. 33 Muhammad Saleem Patwari, Amirpura, Lahore City, Lahore, P.W.34 Ali Ahmad, P.W.35 Riaz Barkat, Inspector Special Branch, Punjab, Lahore, P.W.36, Muhammad Asif, General Manager, Valencia Housing Society, 99-P, Gulberg- II, /Lahore, P.W.37 Ghulam Rasool, Girdawar, Bakhshan Khan, Tehsil Chishtian, District Bahawalnagar, P.W.38, Mudassar Ahmad, Officer Grade-Ill, Bank of Punjab, Main Branch, Egertan Road, Lahore, P.W.39 Rashid Afzal, Officer Grade-II, Bank of Punjab, the Mall, Lahore, P.W. 40 Muhammad Shamoon, Billing Supervisor, Revenue Officer, Garden Town Division, Lahore, P.W.41 Abdul Rauf, Assistant Director Revenue South Water Tank, Shah Jamal, Lahore, P.W.42 Anwar Ali, Director Internal, Audit Revenue, P.T.C.L., Model Tow'll, Lahore, P.W.43 Muhammad Yasin, P.W.44 Ahmad Saeed, Excise and Taxation Officer, Lahore at present posted as Excise and Taxation Officer * Zone-4, Lahore, P.W.45 Zulfiqar, Sub-Engineer, Building Department, GOR-Il, Lahore, P.W.46 Syed Jafar Abbas, Secretary Convent of Jesus and Mary-4, Durand Road, Lahore, P.W. 47 Muhammad Murtaza Khan, P.W.48 Rashid Mansoor, President Escort Investment Bank Limited, Escort House, 26- Davis Road, Lahore, P.W.49 Malik Abdul Jabbar, P.W.50 Hafiz Muhammad Abid, S.E.C. Abid Group-76- D-l, Gulberg-II, Lahore And P.W.51 Shahid Nasir Raja, Assistant Director, Anti- Corruption, Lahore.
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7. It shall be futile to reproduce the evidence of all the 51 P.Ws. In this judgment. A brief reference to the same can be evidently made. However we may refer to the statement of P.W.51 Shahid Nasir Raja, Assistant Director Anti-Corruption, Lahore who had investigated the case as in his statement he had referred to almost all the prosecution evidence in his statement. He deposed that Iqbal Ahmad Khan, Registry Muharrar had produced before him the documents Exh.P.W. 1/1 to Exh.P.W.1/8 which were taken into possession by him vide memo. Exh.P.A. Zafar Iqbal P.W. Had produced before him the documents Exh.P.W.2/1 to Exh.P.W. 2/8 which were taken into possession by him vide memo. Exh.P.B. Fiaz Ahmad Patwari/P.W. Had produced before him on 10-2-2001 the documents Exh.P.W.3/1 to Exh.P.W.3/5 which were taken into possession by him vide memo. Exh.P.C. On 5-5-2001, Syed Samman Abbas/P.W. Has produced before him the documents Exh.P.W.4/1 to Exh.P.W./5/15 which were secured by him vide Exh.P.D. On 10-2-2001, Muhammad Anwar Patwari/P.W, appeared before him and produced the documents Exh/P.W.5/1 to Exh.P.W.5/4 which were secured by him vide memo. Exh.P.E. Muhammad Bashir Patwari had produced the documents Exh.P.W. 6/1 to Exh.P.W. 6/3 which were taken into possession by him vide memo. Exh.P.F. Muhammad Nadim Aslam/P.W. Had produced before him the documents Exh.P.W.7/1 to Exh.P.W./7/23 which had taken into possession vide memo. Exh.P.W.G. On 15-4-2001, Mumtaz Hussain/P.W. Had produced before him the documents Exh.P.W.8/1 to P.W.8/78 which were taken into possession by him vide memo. Exh.P.H. Muzaffar Khan/P.W. Had appeared before him on 25-4-2001 and had produced before him the documents Exh.P.W.9/1 to Exh.P.W.9/41 which were taken into possession by him vide memo. Exh.P.J. The statement of Hafiz Muhammad Hussain/P.W. Was recorded by Allah Rakha Anjum, Special Judicial Magistrate (P.W.26) before whom he had identified the aforesaid Hafiz Muhammad Hussain. He presented the application Exh.P.W. 51/2 before the learned Magistrate to get attested copy of aforesaid statement under section 164 of Cr.P.C. Accordingly, the copies Exh.P.W.26/8 to Exh.P.W.26/10, were supplied to him. He took other formal steps in connection with the investigation of the. Case and narrated as to how different documents were produced before him by different P.Ws. ' The I.O/P.W.51 further deposed that on 12-3-2001, he along with Mumtaz Ahmad Chaudhry, MIC/P.W. Searched the house of Mst. Asmat Qadri wife of Muhammad Aslam Baig, 54-Baddar Block, Allama Iqbal Town, Lahore and took into possession articles and documents Exh.P.W.23/1 to Exh.P.W. 23/118 and Exh.P. 1 to Exh.P.98 which were secured by him vide memo. Exh.P.R. The search was conducted under the supervision of the aforesaid Magistrate. On 23-4-2001, he took into possession the documents Exh.P.W.24/1 to Exh.P.W.24 vide memo. Exh.P.S.Ll. The I.O./P.W.51 further stated that on 20-3-2001, Ahmad Riaz Sheikh accused who was in police custody made a disclosure that he can lead to the jewellery and prize bonds owned by him and as a result of which he led the police 4 party to his house and got recovered prize bonds Exh.P.W.25/1 to Exh.P.W.25/7 and jewellery Exh.P. 121 to Exh.P. 140 which were taken into possession by him vide memo. Exh.P.T. On 14-3-2001, he submitted the application Exh.P.W.27/1 before the Accountability Court for the assistance of search warrant which was marked by the learned Assistant Commissioner, Model Town/Illaqa Magistrate and as a result of those orders Mr. Sajjad Trimzi, MIC/P.W. And Muhammad Akram/P.W. Conducted search of the house of the accused and took into possession articles Exh.P.W. 27/3 to Exh.P.W.27/39 vide memo. Exh.P.U. Iftikhar P.W. Produced before him the documents Exh.P.W.30/1 to Exh.P.W.30/3 which were taken into possession by him vide memo. Exh.P.W.V. Muhammad Iqbal/ P.W. Produced before him the documents Exh.P.W.31 to Exh.P.W.31/15 which were taken into possession by him vide memo. Exh.P.X. Muhammad Saleem Patwari/ P.W. Produced before him the documents Exh. P.W. 32/1 to Exh. P.W. 33/9, Muhammad Yousaf/P.W. Produced the documents Exh. P.W. 36/1 to Exh.P.W.36/4, Mudassar Ahmad/P.W. Produced the documents Exh.P.W.38/1 to Exh.P.W.38/8, Rashid Afzal/P.W. Produced before him the Bank Statements Exh.P.W.39/1, Muhammad Hamaad Ullah Khan/P.W. Produced the documents Exh.P.W.40/1 to
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Exh.P.W.40/4, Abdul Rauf/P.W. Produced before him the documents, Exh. P.W. 41/1 to Exh.P.W.41/9, Anwar Ali/P.W. Produced before him the documents Exh.P.W.42/1 to Exh.P.W.42/4. All of these documents were taken into possession by him. Similarly this witness made mention of other documents or copies thereof which were produced before him by different P.Ws. And were taken into possession by him through various recovery memos. On 14-2-2001, Mst. Shabina Riaz accused produced before him Passports Exh.P.l41 to Exh.P.146 which were taken into possession by him vide memo. Exh.P.W. 12. P.W.51 further deposed that the accused was from a poor family and his father Allah Bakhsh was an employee of Mr. Aslam Hayat, Director General, F.I.A. As a 'Munshi' to look after his property and agricultural land. The aforesaid Director- General, F.I.A, got the accused employed as Sub- Inspector in F.I.A. In the year 1977. He had recorded the statements of all the witnesses under section 161, Cr.P.C., except of the Magistrates. After finding sufficient material on record he submitted report under section 173 of Cr.P.C. Before the N.A.B. 13. On the conclusion of the prosecution evidence the statements of the accused were recorded under section 342, Cr.P.C. Wherein they denied all the incriminating circumstances. When asked as to why this reference against him and why the P.Ws. Had deposed against him (Question No, 190), Ahmad, Riaz Sheikh accused/appellant replied as under :-- "No independent witness has been produced. P.Ws. Are pressurized prompted and interested. ' An inquiry against the undersigned was initiated as per orders of the then Chairman Ehtesab Bureau on a complaint dated August, 1997 of one Muhammad Muzaffar and conducted by. F.I.A. The conclusion/ findings of the said inquiry are Exh.DAR/16 (11 pages), one of the findings was as under: ~ "The specific allegation levelled on being inquired into have been found false, malicious and baseless according to the findings of F.I. A's report." "The complainant had a strong motive in making this baseless complaint to avenge himself upon an officer (the undersigned) whom he considers responsible for the ruin of his business on account of registration of inquiries and cases against him I also produce Exh.DAR/19 (9 pages) in this respect. ' It may be mentioned that as many as 20 cases/inquiries were registered by the undersigned (excepting two F.I.R. No, 127/97 and inquiry No, 130/97) during the years 1995 and 1996 against the complainant Mr. Muhammad Muzaffar. Nevertheless, Mr. Muhammad Muzaffar submitted an affidavit dated 17th May, 1999. Stating that the application given by him against the undersigned was due to misunderstanding and that he could not submit any proof against the undersigned and requested that the complaints submitted by him be filed. The case was therefore, closed by F.I.A. And Interior Division. The above inquiry was, however, not closed by Ehtesab Bureau for the reason that the undersigned had inquired into the cases relating to foreign currency accounts of Mian Nawaz Sharif and family during the year 1995, as a result of which F.I.Rs, Nos. 12 and 13 of 1995 were registered at Police Station U., F.I.A., Headquarters and Mian Muhammad Sharif was arrested. The said inquiry was conducted on the orders of the then Government and the undersigned had no malice against Mian Nawaz Sharif or his family, but, unfortunately, I suffered a lot during the years 1997, 1998 and 1999 and was not given proper posting in F.I.A. ' During last region I was constantly harassed due to the reason mentioned above. Most of the period I remained without any official assignment as O.S.D. Repeated inquiries were conducted, with no results. Undersigned could not find any ways to avoid constant mental torture, so approached High Court vide writ number 565/97, which is Exh.D.A.R./18 94 pages). The Lahore High Court examined the inquiry report conducted, under the supervision of Maj. Laeeque Ahmad Khan, the then Director F.I.A., Rawalpindi Zone.
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' The High Court accepted my version and exonerated me from all of the charges and passed order as under:- "The learned Deputy Attorney General says that he has received a copy of the report submitted by F.I.A. H.Qrs., Islamabad to this Court which shows that the petitioner has been exonerated of all the charges against him. A perusal of the inquiry report also bears out this contention of the petitioner that he has expressed an apprehension that the. Proceedings may again be initiated against the petitioner. In such an eventuality the petitioner may approach this Court again, if so advised." ^ ' After the termination of last Government my rival colleagues played a vital role against me and got signatures of various persons on blank papers and submitted false applications against me. So again this inquiry of assets was started by R.A.B. Authority, although Lahore High Court issued order on my Writ Petition No,565 of 1997, Exh.D.A.R. /18. It is interesting to mention that conduct of such rival colleagues has been brought before this honourable Court by P.W.34 and P.W.35. One of my rival colleagues constructed five bungalows (as evident from statements of P.W.34 and P.W.35) but still he is working in R.A.B. Lahore. Similarly one of my rival colleagues is in charge of F.I.A. In R.A.B., Lahore. This gentleman is maintaining a palace like house in green acre constructed on 20 Kanals land, also owner "of 500 Kanals in Amir Pur, District Lahore. I was made subject to malicious prosecution. " . 14. In reply to the question whether he wanted to say anything else (Question No, 191); Ahmad Riaz Sheikh accused replied as under "I was falsely implicated in this Reference by a powerful lobby. During my arrest attitude like "enemy" was adopted against me. No defence version was brought on record by the corrupt Investigating Officer, as he was playing in the hands of my rival colleagues sitting in R.A.B. Lahore. ' My all family members including my wife, minor children, disabled brother, ailing sister-in-law, her unmarried daughters and aged brother-in-law, were tortured and harassed. Even my wife was detained on 20-3-2001 on false allegations. I am a victim of false prosecution. ' During course of inquiries since last five years and during investigation by N.A.B. During last ten months not a single person made any complaint of corruption against me, despite the pressure, incentives, by the Investigating Officer and N.A.B. Authorities. Not a single instance could be quoted regarding corruption, complaint of corruption, evidence of corruption, misuse of authorities, and about illegal immigration no person came forward against me. ' My service record of 22 years is unblemished. My A.C.Rs, are outstanding. My service dozier is exemplary amongst the F.I.A. Cadre. I got appreciation letters not only by the dignitaries of Pakistan but also from foreign government, which created jealousy. I produce my A.C.Rs, duly attested along with application letters Exh.D.A.R./22 (94 pages)." 15. Ahmad Riaz Sheikh accused did not make statement on oath under section 340(2), Cr.P.C. When asked as to whether he will produce any evidence in defence he stated that he had already tendered documents while making his statement (under section 342. Cr.P.C.) and apart from the same he produced the record regarding the purchase of land before joining service as Exh.D.A.R./9 and Income Tax Returns Exh.D.A.R./12 and also the tax documents of his mother Exh.D.A.R./13. 16. Like Ahmad Riaz Sheikh, Mst. Shabina Riaz, Zulfiqar Ahmad. Khan, Mst. Uzma Beg, Qaiser Adeeb, Khalid Nawaz, Iftikhar Ahmad Khan, Mst. Ayesha Beg and Mst. Zarqa Beg in their statements under section 342, Cr.P.C. Also denied all the incriminating circumstances appearing against them in the prosecution evidence. 17. On the conclusion of the trial, the learned trial Court held that Ahmad Riaz Sheikh accused was guilty of the offence under section 9(a)(v) of the N.A.B. Ordinance, 1999 and hence convicted and sentenced him under section 10 read with section 9(a)(v) of the N.A.B. Ordinances, 1999 to undergo R. I. For 14 years and a
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' fine of Rs, One Crore. It was directed that in case of default in payment of fine, he will undergo further R.I. For three years. It was also directed that the property of Ahmad Riaz Sheikh comprising of 306 kanals in Qalandarpur, Tehsil Minchanabad, District Bhawalnagar, plot in Amirpura in the name of his wife Shabina Riaz and land measuring 4 kanals in Qalandarpur which was allegedly gifted in the name of his wife and which was the result of the alleged corruption and corrupt practices of the accused was forfeited in favour of the State. However, the learned trial Court did not forfeit House No,38-C, Faisal Town, Lahore as it was in the names of the children of the accused aforesaid who had not been heard. Same was also the position with regard to 4 kanals of land in Qalandarpur, Tehsil Minchanabad, District Bhawalnagar which was in the name of son of the accused namely Hashim, Riaz. Vide the same judgment the learned trial Court acquitted the co- accused of the appellant namely (1) Ayesha Beg, (2) Qaiser Adeeb Beg, (3) Iftikhar Ahmad, (4) Uzma Beg, (5) Zarqa Beg, (6) Zulfiqar Ahmad Khan, (7) Khalid Nawaz and (8) Shabina Riaz. 18. Aggrieved of his conviction and sentence Ahmad Riaz Sheikh has filed the appeal (Criminal Appeal No,1965/2001). Mst. Shabina Riaz Sheikh, the wife of Ahmad Riaz Sheikh and also his sons and daughters namely Hashim Riaz, Basit Riaz, Shahryar Riaz and Urooj Riaz filed Writ Petition No,15582/04 that the respondents be directed to return the property items and documents mentioned in Annex-A and to them. Similarly Mst. Uzma Beg and Mst. Zarqa Beg, the acquitted accused filed Writ Petition No,7109/2004 praying that a direction be issued to the respondents to hand over to them the articles referred to in the list attached with the writ petition as Annex-A. 19. The learned counsel for the Ahmad Riaz Sheikh appellant has argued that the appellant aforesaid had been formally charged in this case along with eight other co-accused namely Shabina Riaz, Khalid Nawaz, Qaiser Adeeb Baig, Zulfiqar Ahmad, Iftikhar Ahmad, Zarqa Baig, Uzma Baig and Ayesha Baig and…
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