(1) Pakistan Refinery Limited Vs International School Of Choueifat Mr.Dur Muhammad
Shah (Advocate For Defendant) Crux of the case is that Plaintiff i.e Pakistan Refinery
Limited (PRL) is a Public limited Company which is engaged in, interalia, the operation
of the refinery & is the principal supplier of the refined oil ( & other petrolium products)
to the Pakistan Army, Pakistan Air Force, Pakistan Navy, Karachi Airport, Domestic
Industry, Power Generation Sector and the Oil Marketing Companies since the comm-
encement of its operation in 1961. It has been classified as a key point installation
1-A which means that no structure can be raised witin 200 Yards without prior
clearance of the key point Intelligence Division ( Inter Services Intelligence ). In fact,
security concerns dictate that it should not be less than one kilometer.
Defendant International School of Choueifat has started construction of a School ( the
School) on plot bearing survey No. 82, Deh Dih, Tapo Ibrahim Hyderi, near Pakistan
Refinery Limited, Korangi Creek Road, Karachi (the plot) in utter and blatant voilation
of provision of Civil Defence Act 1952 ( the act ), the Civil Defence ( Special Powers )
Rules 1951 (the 1951 Rules) & the decission of the Defence Committe of the Cabinet
as communicated by the Ministry Of Interior vide their letter dated 30-04-1992 to the
Home Secretary of all the provinces (the Directive). it is further stated that the school
is being developed in close proximity to PRL and other industrial establishments in a
High Risk industrial area thereby endangring the health, safety & lives of hundreds of
Children, Teachers and support staff who will eventually be admitted into or will work in
the school. The defendant has started construction despite being aware of the provisi-
ons of the Act, 1951 Rules and Directive. Plaintiff is involved in the refining and storage
of the crude oil. the process of refining crude oil takes place at extremely high tempe-
ratue & extremely high pressure.Plaintiff filed an Injunction Application praying therein
to restrain the defendant from commencing, initiating, and/or continuing any type of
construction activity on the subject plot, near Pakistan Refinery Limited, Korangi
Creek Road, Karachi admeasuring 3 Acers or thereabout.
The High Court after hearing both the Counsel for the Plaintiff as well as for the Defen-
dant (Dur Muhammad Shah), dismissed the Injunction Application on the point that no
restriction had been imposed under any provisions of Civil Defence Act 1952 or law
imposing restrictions in respect of Defendant's property. Government has allotted the
plot to the defendant for establishing of School / Educational Institution and Canton-
ment Borad has approved building plan of the defendant. Defendant was owner of the
plot in question who had acquired Fundamental Rights to hold and enjoy the property
rights as guaranteed under articles 4 and 23 of the Constitution Of Islamic Republic
Of Pakistan 1973, protecting and reguarding rights of easement and safety of the
owner. High Court declined to grant injunction in favor of plaintiff for restraining
construction of defendant.
(2) Muhammad Waqas Jamal V/S Federation Of Pakistan & Others
Mr. Dur Muhammad Shah (Advocate For Petitioner)
Cruxof the case is that Muhammad Waqas Jamal passed Diploma Of Associate
Engineering (D.A.E) Electrical Tecnology in A-Grade in 2009 from Asia Institute Of
Technology Multan & got his result Intimation Card of D.A.E issued by Punjab Board
of Technical Education Lahore. Petitioner applied for admission in Bachelor Of Engi-
neering (B.E) in Electronics for the session of 2009-2010 in Dawood College of Engi-
neering and Technology, Federal Degree awarding Insttution Karachi which was
advertised by Dawood College. Petitioner was alloted Roll No. 875 for his Pre-Admi-
ssion Test and on 15-11-2009 the Pre-Entry Test was held by the respondents/
Dawood College. Results were published by on the internet on 21-11-2009 which
showed that the Petitioner had achieved the highest marks i.e 63.22 % & got TIER-1.
Respondents have classified the admissions of every candidate for B.E in each cat-
egory on TIER basis as per the Prospectus issued by the Dawood College. After
getting the highest marks in Pre-Admission Test, the Petitioner did not recieve any
call letter for his Interview from the respondents, and was shocked to find that the
respondent College categorically refused the admission in their institution.
Respondents justified their decission by stating that due to the Petitioner having a
D.A.E in Electrical and not in Electronics, he was not eligible for admission & that's
why they have given admission to another Candidate even though he scored much
lower marks and managed to attain TIER-2. Division Bench of the High Court after
hearing the case at length hold tha t the Respondent's policy is arbitrated and uneq-
uitable which is unjustifiable on the basis of Fundamental Rights to equality as
enshrined in Article 25 of Constitution Of Islamic Republic Of Pakistan 1973, & has
directed the respondents that the Petitioner Muhammad Waqas Jamal be admitted
and allowed to attend the classes of B.E (Electronics) at Dawood College of Engin-
eering and Technology, Federal Degree Awarding Institution, Karachi.
(Petition Allowed)
(3) Industrial Development Bank of Pakistan V/S Abdul Latifi Channa
Mr. Dur Muhammad Shah (Advocate For Respondent 1, 2 & 7)
Appellant filed criminal proceedings against the respondents under Section 19 of
Banking Companies (Recovery of Loans, Advances, Credits & Finances) Act 1997 on
the allegation that the machinery/plant, for which loan was provided, has been missing
and the mortgaged property has been handed over to some one else on lease. Respo-
ndents No.1,2 & 7
moved application under Section 265-K Cr. P.C., on the ground that there is no subst-
ance in the allegations against them and prayed for their acquittal, which was allowed
and the said respondents were acquitted by the Banking Court vide order dated
05.03.2010 and against the said order the criminal Acquittal Appeal has been filed.
Counsel for the respondent No 1, 2, 7 (Dur Muhammad Shah) on the other hand has
referred to the contents of memo of appeal wherein whole allegation of mis-utilization
of finance facility & the removal of machinery/ plant is directed against the respondent
No. 5 which read as follows:-
Revenue records show that the land bearing No. 283 Deh: Bolaki, Thal where the
project was actually installed, was the property of Mr. Nazir Ahmed S/O Haji
Muhammad Rahim Khoso who is guarantor in the loan and is accused / Respondent
No. 5. The said Nazir Ahmed has sold out the above said p roject to Mr. Muhammad
Ali Jamali & Mr. Abdul Ghaffar Jamali in 1993, it is worth mentioning that the accused/
respondent cheated the bank and mortgaged the Plot No. S. No. 538, Deh Maloi,
Tapo Misripur, Taluka Thal but did not installed the machinery/plant on the same
instead they installedplant on S. No. 283, Deh Bolaki, Tapo Old Thal, Taluka Thal.
From the contents of memo of appeal itself it appears that the criminal offence is dire-
cted against the Respondent No.5 i.e Nazir Ahmed. Counselfor the Appellant contends
that it is an admitted position that the loan was obtained by the Respondent No. 1, 2 &
3 and therefore they are liable for the criminal offence as well.
Under the law obtaining the loan and inability to pay back the same is not a criminal
offence. It may be a criminal be a criminal liability to be proceeded under a civil forum
provided under the law but the commission of default in repayment of loan does not
give birth to a criminal offence. however, from the memo of appeal it appears that the
machinery/plant has been removed which allegation is directed against the respondent
No.5, therefore,
criminal proceedings against the respondent No.5 shall continue, whereas no useful
purpose will be served if remaining respondents are porceeded against as there is no
likelihood of their conviction in view of hereinabove facts.
With the above directions this Criminal Acquittal Appeal is desposed of.
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