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Petitioner: Samira Mahamadi VS Respondent: Federation of Pakistan and others
Court Name: Sindh High Court Judge(s): Yousuf Ali Sayeed, Ahmed Ali M. Shaikh (C.J) Title: Samira Mahamadi vs Federation of Pakistan and others Case No.: C.P. No. D-2377 of 2023 Date of Judgment:2023-05-18 Reported As: PLJ 2023 Karachi 112 Result: Petition dismissed
Judgment ORDER Yousuf Ali Sayeed, J.--The Petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution praying that this Court be pleased:- "1. To Direct the Auditor General of Pakistan to Conduct an Audit of DHA Karachi, as Ordered by Supreme Court/ 2015 2. To Direct Chairman Securities and Exchange Commission of Pakistan to register a Complaint with the Audit Oversight Board against KPMG Pakistan for failing to 'Withdraw' from the audit or to disclaim its `Qualified Opinion' on the financial statements of DHA/2009, whilst leaving the Audit Report 'Unsigned' and for not reporting to the regulatory authorities the major irregularities detected including 'Tax Evasion' 3. To Direct Chairman FBR to take appropriate action against DHA for 'Tax Evasion' 4. To Direct Secretary Defence/Chairman Governing Body of DHA, to take appropriate action against Director Military Lands and Cantonment and Administrator DHA Karachi for permitting sale of Amenity Plots by DHA Karachi and for the Sale Proceeds to be deposited in the Government Treasury as written in the Audit Report of AGP on The Accounts of Defence Services Audit/2018-19." On query posed as to the relevant Order of the Supreme Court, the Petitioner merely fell back on a news report and when called upon to produce a copy of the order itself, deviated from the first prayer so as to move on to other prayers. A perusal of pleadings reflects that same to be bereft of any meaningful foundation in support of those prayers, which even otherwise appears to be beyond the parameters of Article 199. Under the given circumstances, while granting the application for urgency, we dismiss the Petition in limine along with other pending miscellaneous applications.